online order can they change the price

bris

wealdroam wrote: »

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.

Exactly, but that is not the OP's fault. They should have declined the offer before putting it into production.


The op has offered say £50 this gets declined they say £70, the OP now has the right to reject the counter offer, this is called negotiation. They can't just make up the order anyway and force the new price on the OP.

oopsydaisy00

that is the correct website 24studio.

as soon as i got the order acknolwedgement, o called to say the price was wrong. they asked me whether i wanted to cancel on tuesday and i said yes as i wasnt prepared to pay full price. the next day i followed with an email just incase and they then said i couldnt cancel because they are personalised items.

2days later, they have sent me an order despatch notice.

when the items arrive, what do i do?

edit i havent paid for the items. you pay after delivery. they have ignored my last 2 emails.

unholyangel

wealdroam wrote: »

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.

By making acceptance on email confirmation.

Once they've sent the confirmation, they can then make the goods. Making it on dispatch means that no legally binding contract exists until the goods are dispatched.

But the point I was trying to make in my example is that if they argue the OP has entered into an agreement, then they cannot argue that its binding on OP - even with a variation in price, which is one of the most important factors to a consumer - but not binding on them. A contract is legally binding on both parties - not just one.

unholyangel

oopsydaisy00 wrote: »

that is the correct website 24studio.

as soon as i got the order acknolwedgement, o called to say the price was wrong. they asked me whether i wanted to cancel on tuesday and i said yes as i wasnt prepared to pay full price. the next day i followed with an email just incase and they then said i couldnt cancel because they are personalised items.

2days later, they have sent me an order despatch notice.

when the items arrive, what do i do?

edit i havent paid for the items. you pay after delivery. they have ignored my last 2 emails.

Email them again and point out they must be confusing your cancellation with a change of mind return. And that in this case, they rejected your offer of £x for x item so no legally binding contract exists. You have rejected their counter offer so no legally binding contract exists.

Unless they provide evidence that offer & acceptance took place, you consider your business with them concluded.

Refuse delivery. They might try and deliver it to neighbours - if you're on friendly terms with them perhaps explain and ask them to refuse it. But ultimately, liability doesn't pass to you until they deliver the items to you or someone authorised by you.

oopsydaisy00

in their t&cs it states buyer cannot cancel any orders placed for personalised items - adding further confusion.

no cancellations, no refunds.

it all comes back to, they decided to apply the full price of items and when i rang to enquire why they didnt apply the code, they said i was not eligible and i could cancel.

when i tried to cancel in writing, they refused to accept cancellations on personalised items.

furthermore i placed a second order on the same day, which they havent even mentioned.

oopsydaisy00

argh so frustrated. i spoke to cust service who say the order has been processed. my telephone conversation on tuesday notes do not say that i requested cancellation. my email on wednesday did not coumt as cancellation because i am unable to cancel personalised items.

they are expecting full payment of both orders exceeding £170 and both orders have been processed and no codes applied.

message is no refunds, no cancellations, pay up.

unholyangel

oopsydaisy00 wrote: »

in their t&cs it states buyer cannot cancel any orders placed for personalised items - adding further confusion.

no cancellations, no refunds.

it all comes back to, they decided to apply the full price of items and when i rang to enquire why they didnt apply the code, they said i was not eligible and i could cancel.

when i tried to cancel in writing, they refused to accept cancellations on personalised items.

furthermore i placed a second order on the same day, which they havent even mentioned.

But acceptance hasn't occurred. You can't cancel a contract that doesn't exist.

You were "cancelling" in a sense but really you were rejecting their counter offer. An agreement must be certain - and the consideration that was agreed in exchange for the items was not certain.

daytona0

oopsydaisy00 wrote: »

as soon as i got the order acknolwedgement, o called to say the price was wrong.

There is one crucial point which needs addressing...

Were you shown the price when you clicked the buy button to complete the purchase? If so, what was displayed?

Two likely scenarios are:

1. You have 'agreed' to purchase it at the full price and then retrospectively tried to apply the offer onto the order, after meeting an error message when you tried to complete payment using the code (payment systems are pretty rubbish, and I've worked for a company who allowed customers to apply a code to an ineligible item - it just didn't allow them to complete payment with the code applied!).

2. There was a serious website glitch whereby the order has been accepted at the lower price but then it has reverted to the full price without you being aware.


In scenario 1 you may not be entitled to return the item. In other scenarios you may need to throw them some sort of proof that their system has glitched out, otherwise they may well just assume that scenario 1 is correct. It is important to remember that the advisor will only be able to see when the order was placed, how much it was for and the details of any code used. Can't blame them for standing their ground because THEIR evidence shows acceptance at the full price.

oopsydaisy00

thank u guys for taking the time.i really appreciate it.

@daytona on the website showed £54. first confirmation email shows £54. next day order acknowledgement shows £79.

i placed the order and applied code 056 - it accepted the order and sent me an order confirmation WITH the discount applied so i assumed great its gone through.

the next day i received an order acknowledgement showing the same order but a different code applied -033 which gave no discount.

i called them straight away and said thats not the code i put in and i have an email confrmation of the order showing the 056 code had applied. they said i was not eligible for 056 and could not apply discount and gave me the option to cancel. which i did verbally. i then sent an email to cancel as well.

now they are saying i wasnt within rights to cancel as soon as i placed an order for personalised items and theres no cancellations for any personalised items once ordered - which is not wat the advisor said on tuesday.


if it was a fiver i would probably give in, but its about £50 over two orders

unholyangel

Let us know how you get on after sending them a further email (or letter if you prefer). Keep it short & simple - to the point. On x date you made an offer of £59 for x items. On x date they rejected that offer and returned with a counter offer of £79. You rejected their offer so no contract was ever formed and you are under no contractual liability/obligation to them.

I'd also point out that their own terms and conditions state that a contract is not formed until the goods are dispatched.

You could also try providing information to them and requesting that if they are not trained in both consumer and contract law, that they pass it on to someone who is.

http://www.haroldstock.com/contracts/contract-legally-binding/

Acceptance:
Only what is offered in the contract can be accepted. The terms and conditions of the proposal must be accepted exactly as they are proposed in the contract. If prior to an agreement any new terms are suggested, this is regarded as a counter offer which can be accepted or rejected. This may occur a few times before an agreement is reached and accepted. It is irrelevant who makes the actual final offer; it is the acceptance of the proposal that brings all the negotiations to an end by establishing the terms and conditions of the contract.