Overcharged, refunded - and sent anyway!

Krispy31

I wonder if anyone can help with a bit of online shopping legal advice? And please bear with me - this is a complicated one...

So, I recently made an online debit card purchase of an item listed on the retailers website as costing £314.99.

I placed my order, and was sent a confirmation 'thank you' email - which to my horror stated I had been charged £499.99.

I immediately contacted the retailer for an explanation, and was informed that between the time I had placed the item in my shopping trolley and submitting my debit card details, the item had risen in cost by £185. And upon checking, it had indeed been relisted at the significantly higher price.

However, when I made the purchase it was quite clear - the summary on the debit card details page of what I was paying for was for £314.99 - and when I pushed the purchase button item, that's what i was contractually agreeing to pay.

I have two questions: the first is, is it the case that the retailer has acted illegally in charging my debit card for an amount which is significantly higher than the sum that formed the contact of sale on their 'check out' payment page?

The second question is with regard to what happened next.

After protesting the extra £185.00 I was charged, the retailer refused to honour the terms of the sales contract and instead agreed to void the sale and refund my money.

This was done within minutes of the sale taking place, and was confirmed in an email sent to me.

However, this morning, several days later the item was delivered to my door anyway - it was signed for by my partner who had no idea what the package was.

As a result, I now have in my possession an item I was initially horribly overcharged for, which I cancelled and which I have been refunded for.

Given the above, my second question therefore is would you agree in legal terms that this is an unsolicited item, and therefore I am under no obligation to return it?

Normally I would just return something like this. But the company has acted so immorally towards me (possibly illegally) already, so it causes pause for thought.

If the view is that I'm obligated to return it, can i insist the retailer organises and pays for the return delivery?

Thanks for your help!

System

I would say it has to go back but at their cost and your convenience.

molerat

It is not an unsolicited item it is a mistake. Contact them to have it collected at your convenience. You can not keep it.

Krispy31

Thanks for your replies. Yes, certainly from an ethical standpoint I agree that it should go back - at their expense, and without involving any hassle for me.

However, what about the legality of having charged my debit card an extra £185 beyond the sales contract that I entered into the moment my order at the lower price had been accepted?

Was adding more money on not quite simply illegal - and aren't they obliged to sell it to me at the price specified at the point of purchase?

Krispy31

Oh, and I find it interesting that those who bought items from Amazon Marketplace at the error price of 1p have been told they do not have to return the items - even though this was also example of an obvious mistake.

It begs the question: if items sold mistakenly at 1p don't have to be returned, why do items sold at 0p?

SeduLOUs

Krispy31 wrote: »

Oh, and I find it interesting that those who bought items from Amazon Marketplace at the error price of 1p have been told they do not have to return the items - even though this was also example of an obvious mistake.

It begs the question: if items sold mistakenly at 1p don't have to be returned, why do items sold at 0p?

That was only because the contract was finalised when the items were shipped - it was items fulfilled by Amazon that left the warehouse before the sellers got wind of what was going on.

Retailers can cancel and refund orders before shipping due to pricing errors and have done so many times (including in your case). In your case they have just made the further mistake of shipping the item after the refund was processed.

Re the 0p - a contract needs an action both ways, an exchange of promises. There has to be some payment or service, even if it is only nominal, which is why you see companies that are going bust selling for 1p. From what I understand, you can't have a contract for a 'free' product if you aren't promising anything in return.

TL;DR The item needs to be returned, but at their cost.