Monsoon asking for more money on a delivered order

sticklebrick14

Hi I wonder if anyone can give me some advice on the situation below?

I ordered some clothes online back in November from the Monsoon website.

When I checked out the VerifiedByVisa page came up for a payment of£110 I didn't pay much attention to this - but the amount seemed about right.

The clothes came within a week and my card had a payment of £110 on it and everything seemed fine.

But a week later I got a voicemail saying the order hadn't gone through correctly and I needed to call them to make a payment. I thought this was a scam so ignored the call.

Then last week I got an email saying due to an error (on the night I ordered I recall the site was up and down like a yo-yo) the payment of the order got messed up and actually the total should have been £140.

And that I now need to pay them £30! What gives? Do I need to pay the extra? Legally? Morally or otherwise?

Grateful for any insights

Cheers!

unholyangel

Depends on if the money you paid totals the amount you agreed to pay or not.

For example if it said total £140. Payment due £110 then you likely owe them it. However if they represented the price as £110 and asked for the same amount in payment, then it should be binding on them. A lot of online contracts state the contract is concluded/binding upon them sending the goods.

What I would probably say to keep in mind is they may refuse further orders from you if you refuse to pay it.

sticklebrick14

Thanks unholyangel.

With hindsight it is clear that the order was for £140 and that the £110 was a mistake on their part. I just didn't connect at the time that the money taken wasn't the same as the order total.

Just checked their t&c and I can't see any bits relating to when the contract is concluded / binding. Think I'll drop them an email and see if we can meet in the middle!!

unholyangel

sticklebrick14 wrote: »

Thanks unholyangel.

With hindsight it is clear that the order was for £140 and that the £110 was a mistake on their part. I just didn't connect at the time that the money taken wasn't the same as the order total.

Just checked their t&c and I can't see any bits relating to when the contract is concluded / binding. Think I'll drop them an email and see if we can meet in the middle!!

We will then send you a confirmatory email to acknowledge that we have received your Order and that your Order has been accepted by us. At this point the contract between us ("Contract") is formed and we will process the payment details you have given to us to take payment for your Order. Ownership of the Product(s) will pass to you on delivery. You will receive a second email from us confirming despatch of the Product(s) to the shipping address you have requested.

In their T&C's (which were in the about us section as opposed to the help section).

bris

You agreed to pay £140 but only paid them £110 you owe them the money.

hollydays

You've ordered £140 worth of clothes so you owe £140 . I don't see any dilemma .

williham

They messed up, hopefully they will do something for you out of goodwill.

cookie365

sticklebrick14 wrote: »

With hindsight it is clear that the order was for £140 and that the £110 was a mistake on their part.

In what way is it clear? Do you have an email quoting the higher amount?

sticklebrick14

unholyangel wrote: »

In their T&C's (which were in the about us section as opposed to the help section).

Thanks for finding that for me. Much appreciated

sticklebrick14

hollydays wrote: »

You've ordered £140 worth of clothes so you owe £140 . I don't see any dilemma .

No dilemma - just curious as to what others think of the legal position here.:)

sticklebrick14

cookie365 wrote: »

In what way is it clear? Do you have an email quoting the higher amount?

Yes - on checking the email I have I see the order was for £140.