Order cancelled after payment and dispatch

bod1467

The way I read that term, those actions are sequential ... payment, then pricing, then processing, then despatch. If the despatch email was sent then contract was concluded.

hobbsy83

bod1467 wrote: »

The way I read that term, those actions are sequential ... payment, then pricing, then processing, then despatch. If the despatch email was sent then contract was concluded.

This is how I understand it too, plus -

A second email will be sent confirming these arrangements.

The second email was received, and the goods were dispatched.

hobbsy83

Hintza wrote: »

Why were you ordering more than one? you weren't going to sell them were you?

Haha, nope, i'm a bit of a bike junkie, I own several mountain bikes and a road bike, so i ordered 2 of each item (4 in total).

hobbsy83

Just had another email from them, they came back with this from the ts & cs

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

We reserve the right to refuse to fulfil any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

Smithers37

The retailer has done nothing wrong. Stop wasting their time and yours for the sake of a misprice. If you need the items that bad, order them somewhere else and pay a realistic price.

bod1467

Sorry but you are WRONG. The retailer HAS done something wrong - they have breached their OWN terms, hence have breached contract.

As to whether it's worth the effort for the OP to pursue it, only they can decide that.

frugal_mike

keithdc wrote: »

But, you would reasonably expect the retailer to verify prior to dispatch.
Otherwise, what would be reasonable? Can they turn round 6 months later and declare that a contract never existed because they hadn't got round to verify their prices until then??

Yes, this is the point I was making earlier. The contract has to conclude at some point, and it definitely looks like this one concluded when the items were dispatched.

Morally speaking it sounds like this mistake would have got someone in a lot of trouble so from that perspective I'd probably let it go, but from a purely analytical aspect I'd be interested to see how someone with legal training interpreted it.

hobbsy83

I've let this one go... well they offered me a gift voucher for the inconvenience. I would have dropped it at the very beginning if they contacted me and explained the situation, I just didn't like the way they tried to hide behind the ts and cs.

Don't let this put anyone off shopping at wiggle though, they are a decent company.

Thanks for all the help!

OlliesDad

hobbsy83 wrote: »

Don't let this put anyone off shopping at wiggle though, they are a decent company.

I was going to post this.. if you were to go ahead with action I would expect them to stop you being a customer. As a fellow cyclist I would hate to be banned from buying from Wiggle.

Glad you came to a mutually acceptable resolution.:T