Delivery different to order - mistake on website

nrps

Hi -

I have recently bought a 3 piece suit from the online store of a high street shop. In store it was sold as a two-piece, online it was sold as a three-piece for the same price, £395.00.

What has been delivered is a two-piece suit and the store have stated there was a typo/error online and that the waistcoat needs to be bought separately at an additional cost of £110.00.

They have offered a refund on the suit. Are they not obliged to honour what was being sold ?

Thanks

Stoke

nrps wrote: »

Hi -

I have recently bought a 3 piece suit from the online store of a high street shop. In store it was sold as a two-piece, online it was sold as a three-piece for the same price, £395.00.

What has been delivered is a two-piece suit and the store have stated there was a typo/error online and that the waistcoat needs to be bought separately at an additional cost of £110.00.

They have offered a refund on the suit. Are they not obliged to honour what was being sold ?

Thanks

Doubt it. Tesco didn't when they messed up their iPad price.

browneyedbazzi

Does your order and order confirmation state that it is a 3-piece suit? or was it an error in the description/images on the website that wasn't duplicated in your order?

If the contract was for a 3 piece suit, then they should honour the contract and supply the waistcoat. You could sue them to seek 'specific performance' (make them fulfil the contract) or for consequential losses if you have to pay extra for the waistcoat that should have been supplied.

In reality it is very difficult to force someone to supply something so what usually happens is that they agree to cancel the contract and refund the money to put you back in the position you were in before - small claims court are not particularly consistent so if you sue them it's 50/50 whether the court will decide that their offer of a refund is acceptable or whether you should win specific performance or damages.

browneyedbazzi

Stoke wrote: »

Doubt it. Tesco didn't when they messed up their iPad price.

Tesco hadn't entered into contracts - they advertised a price (which is an invitation to treat) and received offers to buy from consumers which they did not accept. There was no contract so they were not obliged to honour the offer. The OP's case is different because they have entered into a contract.

Stoke

browneyedbazzi wrote: »

Tesco hadn't entered into contracts - they advertised a price (which is an invitation to treat) and received offers to buy from consumers which they did not accept. There was no contract so they were not obliged to honour the offer. The OP's case is different because they have entered into a contract.

Very very true! Ignore my post.

nrps

The order confirmation just states "Suit" - neither 2 piece or 3 piece.

I have a screen print of the item at time of ordering, and it was also a subject of discussion with staff in store at time of ordering (it was ordered online in store).

The online store now only has the suit listed as two-piece.

frugal_mike

I would imagine that the online item description would be taken as forming part of the contract if it is not overruled by the order confirmation. They accepted your offer when they delivered the suit. I have no idea what a court would rule, but in my (completely untrained) view they are in breach of contract.

daytona0

nrps wrote: »

The order confirmation just states "Suit" - neither 2 piece or 3 piece.

I have a screen print of the item at time of ordering, and it was also a subject of discussion with staff in store at time of ordering (it was ordered online in store).

The online store now only has the suit listed as two-piece.

To be honest, it sounds like you may have clocked the error b4 purchasing in which case you've received what you were expecting !

But that aside, get onto them about it. It is basically not as described so you're entitled to a re4und or replacement.... Should my 1st comment about you clocking the error hold true then I doubt you'd be happy with a re4und. Had you not clocked the error b4 purchase then you'll be happy with a re4und.

In this case you also may run into the old "prove it" line as they have changed the site and your invoice doesn't seem to state any one type. I anticipate a screen shot will be ok to prove that. I do wonder why you took a screenshot as TYPICALLY people only do that when they want to argue the toss at a later date.... That could also potentially go against you in small claims were you to decline a re4und in the hopes o getting a 3 piece (because a screenshot is quite deliberate and it sounds like you're trying to gain something 4rom the seller's genuine error, as opposed to getting into a position where neither you or the seller are unnecessarily out o pocket).

I would say that were you expecting a 2piece you should possibly just keep the 2 piece and end the saga. Or complain and get a re4und. Nice and easy to resolve.