Voucher code used in error now company asking for further payment

testho

I recently made a substantial purchase via an online garden centre and saw a vooucher code on the home page for £20 off. I used the voucher code on checkout. I hadn't read any terms attached to it but the website accepted it and so I thought nothing of it.
The company accepted payment, delivered my goods and then a few weeks later emailed me to say the voucher code should not have been used as there were terms that stated 2 items must have been purchased (I hadn't seen this).
I replied to say it was a genuine error and surely their website should not have allowed the code to be used if it was not valid for my purchase. I am an honest person and want to do the right thing, however I have made 2 substantial orders from them within the space of a couple of weeks, so find it ridiculous they even bothered to ask me for more money given there was error on their part.
They keep emailing to ask me to call and make the additional £20 payment.

Where do I stand with this? Do I have to pay up or should I stand my ground and say they accepted the order and delivered the goods and so should not be asking me for more money?

WillyWonga

Ignore the demands - it will cost them a lot more than the £20 to chase the debt. The code should have been rejected - simple as. If they are serious about wanting the money they will send you a letter in the post and not a quick email.

daytona0

Could go either way to be honest..

- You agreed to abide by the terms and conditions as set out when you made the purchase. Of course, if you didn't read or ask for them then unfortunately it is your fault (or you weren't eligible to use it?). It might make your contract invalid for example.

- The company has accepted the order as offered by yourself. You made the offer of purchasing at price X and they agreed price X with you, so they sent out the items.


You can either pay it or ignore it, those are two reasonable options here. As for the outcome, nobody can really say with 100% confidence what will happen. To speculate I would say that the chances of it going to court are low, and the chances of you winning in court is slightly above 50%.

arcon5

Tell 'em to shove it. Simples.
They should have rejected the order, instead knowing you hadn't met the criteria of the discount they still proceeded to accept the order and fulfil the contract.

cookie365

WillyWonga wrote: »

Ignore the demands - it will cost them a lot more than the £20 to chase the debt. The code should have been rejected - simple as. If they are serious about wanting the money they will send you a letter in the post and not a quick email.

Plus of course, there is no debt for them to demand.

DandelionPatrol

arcon5 wrote: »

Tell 'em to shove it. Simples.
They should have rejected the order, instead knowing you hadn't met the criteria of the discount they still proceeded to accept the order and fulfil the contract.

I broadly agree. But don't tell them to shove it. Offer them the goods back in exchange for your money back in full. That way you are being totally reasonable and it will cost them loads more than their £20 claim if they take you up on the offer.

somethingcorporate

Can you point out your substantial orders and see if, in light of these, they would allow you to retain the discount?

I don't think they are on solid ground here anyway but probably nice to not have to deal with hassle of calls etc.

testho

somethingcorporate wrote: »

Can you point out your substantial orders and see if, in light of these, they would allow you to retain the discount?

I don't think they are on solid ground here anyway but probably nice to not have to deal with hassle of calls etc.

I did point out my previous orders and gave reference numbers, and stated that I'm likely to be a regular customer for pond supplies but I just got a dismissive "call us and pay up" response (which was the one that prompted me to question whether I should pay it).

It all seems rather petty and has certainly put me off ordering from them ever again. I'm still in 2 minds whether just give in and pay to put an end to it, or stand my ground and see how far they take it. I just wasn't sure of my rights from a legal perspective.

unholyangel

I don't think it could go either way. Any clause allowing them to vary the price after the consumer had become bound to pay would be at high risk of being considered unfair.

Schedule 2, paragraph 1, states that terms may be unfair if they
have the object or effect of:
(l) providing for the price of goods to be determined at the time of
delivery or allowing a seller of goods or supplier of services to
increase their price without in both cases giving the consumer the
corresponding right to cancel the contract if the final price is too
high in relation to the price agreed when the contract was
concluded.

• Any kind of variation clause may in principle be fair if consumers are
free to escape its effects by ending the contract. To be genuinely free
to cancel, they must not be left worse off for having entered the
contract, whether by experiencing financial loss (for example, forfeiture
of a prepayment) or serious inconvenience, or any other adverse
consequences.31

And also:

10.1 A right for one party to alter the terms of the contract after it has been
agreed, regardless of the consent of the other party, is under strong
suspicion of unfairness. A contract can be considered balanced only if both
parties are bound by their obligations as agreed.
10.2 If a term could be used to force the consumer to accept increased costs or
penalties, new requirements, or reduced benefits, it is likely to be
considered unfair whether or not it is meant to be used in that way.

philatio

You paid the agreed price at the time.
Inform them of this.

It's their mistake. They should take the loss.

waamo

Imagine if they had mistakenly overcharged you by £20. What do you think your response would be if they refused to refund you saying you agreed that price at the time?

If this went to court (which I sincerely doubt for the sake of £20) you could face a bit of a struggle. I would just suggest returning it for a full refund and see how they want to play it. If it was substantial they may not be too keen to give up the sale.