Free item on a website - i think not!!

Goleo

Hello

I was doing a bit of Xmas shopping online yesterday evening and whilst on a website where I had ordered a few items I came across an item that was listed at £0.
I thought, Bargain!! and popped a few in my basket.

Today I received a very snotty phone call off some one from the site informing me that that item was no longer available, but if i wanted to purchase one then they were available at at cost of £19.99.

I told them that when I ordered them they were listed at £0 and how could this be. He refused to budge and wouldn't put it in writing. I have the order confirmation email and also the transaction confirmation email.

I bit of friendly advise would be appreciated. Where do I stand on this?

SeduLOUs

Nowhere. They don't have to honour pricing mistakes on the website and are entitled to cancel the orders without dispatching them.

Caz3121

a very obvious web error, the t&cs will no doubt have a statement that they do not have to honour website errors and they will also state when the contract has been deemed to be formed (usually when the item is dispatched)
You have paid nothing and received nothing...seems fair enough

JimmyTheWig

What would you have done if the price was correctly advertised as £19.99 at the time?

powerful_Rogue

Goleo wrote: »

I bit of friendly advise would be appreciated. Where do I stand on this?

Pay £19.99 if you want the item or shop around to see if you can find it cheaper.

You tried your luck, it didn't work. Give up and move on.

forgotmyname

It was worth a try and it failed. Is it worth £19.99 or can you get it cheaper elsewhere?

Goleo

But they have taken payment - does that not constitute a contract being formed?

I bought a couple of other items off the site, but i probably wouldn't have bought the item that was listed at £0, not for that price of £20. I know it was a long shot. Personally I would have honoured it, or at least offered a token gift of lesser value as it was their error. They didn't apologise and were quite rude on the phone - pretty much acted as if it was my fault!

Anyway, they have since emailed me and said the other items i ordered are also not in stock. Very weird!! And they are refunding the payment.

They haven't refunded payment yet though.

sazaccount

Like with most internet retailers you will properly find in the T&C as well as the web error that the contract wont of been formed until the items have been dispatched, so having a confirmation e-mail isn't classed as the contract.

bris

How could they take payment for an order that has no payment to take?


Your offer to pay nothing for the items (you said a few so you also got greedy) was rejected, no contract for the item was formed.

browneyedbazzi

Goleo wrote: »

But they have taken payment - does that not constitute a contract being formed?

No, it doesn't.

I bought a couple of other items off the site, but i probably wouldn't have bought the item that was listed at £0, not for that price of £20. I know it was a long shot. Personally I would have honoured it, or at least offered a token gift of lesser value as it was their error. They didn't apologise and were quite rude on the phone - pretty much acted as if it was my fault!

If a retailer tried to take advantage of a mistake you made (say they knowingly added an extra zero onto a bill and you paid it in error) would you be apologetic and offer them a gift? Or would you be a bit rude, since they tried to take advantage of you?

You've tried to take advantage of an error they made - one which could be extremely costly to them and cripple a business if a lot of people took advantage - this could have threatened their livelihood. It's not good customer service to be rude on the phone, but tbh I can't blame them in the circumstance.

Anyway, they have since emailed me and said the other items i ordered are also not in stock. Very weird!! And they are refunding the payment.

They haven't refunded payment yet though.

Sorry you're not going to get the answer you wanted, but the answers provided are correct. They have up to 14 days to refund the payment.

frugal_mike

It's not possible for there to be a contract for you to 'buy' something for £0. A contract requires consideration from both sides.