Wrong item advertised & delivered

karasumi

Hi there
I recently found a quite amazing deal on a climbing rope on Amazon; what usually costs ~£120 was advertised at £16.99, so not being one to pass up a bargain and thinking this was a mislabelled price, I bought two, and paid by debit card.
Today the package was delivered, which was 2x survival knives, priced at £16.99.
Obviously, this was a mistake on their part, and I'd be happy to return the product and get the refund. However I'd really really like the rope that was advertised. Is it within my rights to get the rope from them, since that was what they advertised? They definitely sell it, and have it in stock.
All advice welcome, and thank you.

browneyedbazzi

If it was an obvious mistake on their part that you knowingly tried to take advantage of you cannot force them to honour the order. They will have to put you back in the position you were in before by giving you a full refund and they will have to cover the postage costs for a return.

InsideInsurance

You need to read the terms on when the contract is formed.

Generally speaking the law allows for genuine mistake by retailers and doesnt give you the right to enforce them to sell at the advertised price etc. If the retailer is intentionally misadvertising prices then this is an issue for trading standards etc but still doesnt allow you to force them to sell.

Presumably your receipt says that you'd ordered rope? I'd be minded to drop them an email advising they've accidentally sent the wrong item as two knives have turned up rather than the rope you'd ordered

karasumi

The recieipt does indeed state that I ordered rope. I've dropped them an email much as you said, saying that the wrong items have been delivered.
Where would I find the terms of the contract formed at purchase? Would it be through Amazon?
Many thanks
James

visidigi

karasumi wrote: »

Hi there
I recently found a quite amazing deal on a climbing rope on Amazon; what usually costs ~£120 was advertised at £16.99, so not being one to pass up a bargain and thinking this was a mislabelled price, I bought two, and paid by debit card.
Today the package was delivered, which was 2x survival knives, priced at £16.99.
Obviously, this was a mistake on their part, and I'd be happy to return the product and get the refund. However I'd really really like the rope that was advertised. Is it within my rights to get the rope from them, since that was what they advertised? They definitely sell it, and have it in stock.
All advice welcome, and thank you.

Short answer: no.

Long answer: they will pay for the return through amazon and amazon will have the listing reviewed.

bris

Karma...... You knew it was a mistake but you tried to take advantage anyway, not just with one but two.

POPPYOSCAR

InsideInsurance wrote: »

You need to read the terms on when the contract is formed.

Generally speaking the law allows for genuine mistake by retailers and doesnt give you the right to enforce them to sell at the advertised price etc. If the retailer is intentionally misadvertising prices then this is an issue for trading standards etc but still doesnt allow you to force them to sell.

Presumably your receipt says that you'd ordered rope? I'd be minded to drop them an email advising they've accidentally sent the wrong item as two knives have turned up rather than the rope you'd ordered

I always understood that once the item has been dispatched the contract is formed and therefore they must then supply the item as advertised.


A different matter than cancelling the order when they realise they have made a mistake.

browneyedbazzi

POPPYOSCAR wrote: »

I always understood that once the item has been dispatched the contract is formed and therefore they must then supply the item as advertised.


A different matter than cancelling the order when they realise they have made a mistake.

If there is a unilateral mistake that one party attempted to take advantage of (as it appears here) then the contract is voidable.

robatwork

Give a man enough rope.....

marliepanda

POPPYOSCAR wrote: »

I always understood that once the item has been dispatched the contract is formed and therefore they must then supply the item as advertised.


A different matter than cancelling the order when they realise they have made a mistake.

Only if they despatch the actual mistaken item. For example if an item is £1 each but listed as 1000 for £1, the dispatch of one does not create a contract for 1000

timbstoke

To agree with everyone else, you can't force them to supply the rope because it's an obvious mistake.

Your best bet is to play dumb and send in a query along the lines of "err I ordered rope, you seem to have sent me knives" without making reference to pricing. You might get lucky.