online order can they change the price

oopsydaisy00

hi all, any advice much appreciated.

i placed an order online for personalised items on 24studio. used a 20% off discount code found on hukd which applied and order acknowlexgement recieved total £50+

further email receueved saying ORDER ACKNOWLEDGEMENT/DESPATCH. email states no code applied. total £79.

i contacted the company and they are saying the code isnt applicable because i didnt meet t&cs of that code - altho i cant find t&cs because i took it off someone on a forum. given that i have ordered personalised items, i cant return, and they are asking me to pay full price.

can they do this? frustrated because the code applied fine on the order form and order email. but final acknowledgement it says no code.

bris

It's people who post these codes up and some times they don't really put the T&C's with the codes on the site so they can get it wrong.


Check the T&C's regarding when the contract is formed, it's usually after dispatch so they probably can't do this as it wasn't your fault the code worked. You might have a fight on your hands but if the T&C's say the contract is formed after dispatch, which would confirm acceptance of your offer, then point this out to them.

unholyangel

You may not be able to get the item at the cheaper price (see bris' post above) but you definitely should not be held to a contract for the higher price.

You offered them £50, they rejected your offer therefore no contract was formed. They cannot vary the terms without your agreement and even then, it would have the effect of a price variation clause which is at high risk of being considered unfair (unfair terms are legally unenforceable).

Tell them they can either:
1) sell you at the price you agreed to pay
2) cancel your order completely

oopsydaisy00

thanks guys, yesterday they said i could cancel, today iv received an email to say i cant cancel the order because it is personalised items.

im still not sure where i stand ie rights.

bod1467

The situation doesn't change from the advice already given, even if the goods ARE personalised (and this may be doubtful*) ... if THEY are trying to vary the contract (i.e. change the price) then YOU are entitled to cancel the contract without penalty and must receive a full refund of all monies paid.

* How are they personalised? If you simply selected configuration options from their website then this is NOT personalisation. Personlised goods would have your name printed on them, for example. Or be supplied in a material or colour not normally offered via the website.

oopsydaisy00

thanks guys, i looked up contract rights on online purchases.
given that i had placed an order request, last week. monday they sent an order acknowledgement stating the full price applied no discount
Tuesday i called and spoke to an advisor who said they would not giv discount and i could cancel.
wednesday i formally cancelled in writing stating that as they have only sent me an order acknowledgement, not order processed or order dispatch, then a contract had not been formed and i am well within my rights to cancel.

friday i have received an order despatch note. theyve completely ignored my cancellation request despite telling me on the phone i could cancel on tuesday.

oopsydaisy00

personalised with names and dates on evry item.

from wat i have read, contract forms when they send order acceptance or order dispatch. they only sent me an order acknowledgement on tuesday.

however studio state clearly on their t&cs no returns on personalised items.

wealdroam

oopsydaisy00 wrote: »

from wat i have read, contract forms when they send order acceptance or order dispatch. they only sent me an order acknowledgement on tuesday.

Where did you read that?

I may have missed it, but I can't find anything in their T&Cs about when a contract is formed.

The default position, unless agreed otherwise, is that the contract is formed when you have paid and they have accepted the order.

Many companies these days do state that the contract is formed upon despatch, to protect themselves from exactly this situation.

As you have not agreed to a term that says "contract is formed on despatch", I believe that there is a contract in place and they cannot alter the price after accepting the order.

unholyangel

wealdroam wrote: »

Where did you read that?

I may have missed it, but I can't find anything in their T&Cs about when a contract is formed.

The default position, unless agreed otherwise, is that the contract is formed when you have paid and they have accepted the order.

Many companies these days do state that the contract is formed upon despatch, to protect themselves from exactly this situation.

As you have not agreed to a term that says "contract is formed on despatch", I believe that there is a contract in place and they cannot alter the price after accepting the order.

Presuming I have the right website of:
http://www.24studio.co.uk/ss/help/help.jsp?page=terms

Their T&C's state:

When you submit an order to us on our website you will receive an email acknowledging your order and giving you estimated timescales for delivery. This email does not constitute acceptance of the order by us. Your order is accepted and a contract is formed between you and us when we dispatch the goods you have ordered and not before.

ETA: If acceptance hasnt occurred then you have the right to withdraw your offer. So either a contract exists - in which case they should be supplying for the originally agreed price, or it doesnt and you can withdraw your offer (so a contract is never formed). They can't have it both ways.

wealdroam

unholyangel wrote: »

Presuming I have the right website of:
http://www.24studio.co.uk/ss/help/help.jsp?page=terms

Their T&C's state:

Oops... looks like I did miss it.

Yes, that's the T&Cs I read.
I must say that I was impressed with those T&Cs, in particular I liked the fact that they have dates when they were changed and all the history.

Sorry OP, but as Unholyangel points out, there is no contract until the goods are despatched.

wealdroam

unholyangel wrote: »

ETA: If acceptance hasnt occurred then you have the right to withdraw your offer. So either a contract exists - in which case they should be supplying for the originally agreed price, or it doesnt and you can withdraw your offer (so a contract is never formed). They can't have it both ways.

I didn't see you ETA earlier, but in the case of personalised goods, as these are, how does the seller protect himself?

Surely he would be unwise to make the personalised goods until a firm contract was in place.