Currys cancelling my order through pricing error, what are my rights?

MisalignedHalo

Any advice would be gratefully received.

I ordered an Oven from Currys on Monday online, it was priced at £99 which I thought was a good deal and assumed it was discontinued stock. They took my money, confirmed the order and also delivery. I am Having my kitchen renovated and because I had saved so much on the oven I then ploughed what I had saved on the oven on getting an electrician in to change my electrics to accommodate my oven. This entailed moving all my sockets, taking the old one out and new one in, as I wanted the wiring buried it involved the plastering of my walls and ceiling etc. On top of this I also needed a tall oven housing to match my new kitchen which cost me £200. on Friday 4 days later i get an email from Currys stating that they are cancelling my order as the product is unavailable. On phoning them they tell me that they have cancelled due to a pricing error. They claim they can do this as stated in their terms and conditions. I argued that if it had been within a few hours then that is fair enough but 4 days later I find unacceptable. I am now left in a position where i have spent so much on the electrics and cupboard that I cannot now afford to buy my oven. I dont have the money to pay the electrician again to put my electrics back and am left with an oven housing that I cant use.
Thanks in advance for any advice

shaun_from_Africa

Currys are correct.
Just about all online retailers have terms and conditions that state a contract is only formed upon dispatch of the goods and that the order can be refused or cancelled at any time before this point.
Provided that you had the chance to view these T&C's before ordering, they are perfectly legal.

Caz3121

you are entitled to be put back in the position you were in previously, which would be a full refund
The T&Cs will cover when a contract is actually formed, which will likely be when the item is dispatched

tomtontom

Can you give us some context - how much is the oven available for elsewhere/ what is the true value?

MisalignedHalo

I think it was about £250, but assumed it was discontinued due to the price.

MisalignedHalo

I dont remember seeing any T&C but i dont think many of us read them before purchase anyway. Looks like my own fault.

marliepanda

Curry a are in the right. In future make sure you have the item in hand before buying lots of accessories, especially when something is priced unusually low

As you have bought the housing etc it could be worth appealing to currys to maybe offer you 10% of something off the cooker instead

wealdroam

shaun_from_Africa wrote: »

Currys are correct.
Just about all online retailers have terms and conditions that state a contract is only formed upon dispatch of the goods and that the order can be refused or cancelled at any time before this point.
Provided that you had the chance to view these T&C's before ordering, they are perfectly legal.

Of course you are right Shaun, but Currys T&Cs do not appear to say that*.

The nearest that I could find was:

Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). In this instance we may have to cancel your order at any time, even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid.

If the OP has not agreed that the contract is formed at delivery, then he/she should be entitled to the goods at the agreed price.
SoGA section 28 says:

28 Payment and delivery are concurrent conditions.

Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

*but I may have missed it.

MisalignedHalo

I have just been through the site and put something in my basket to purchase and cannot find anywhere that I would have accepted their T&C's , i could be wrong though. Thank you all for your responses it has been more than helpful.

marliepanda

MisalignedHalo wrote: »

I have just been through the site and put something in my basket to purchase and cannot find anywhere that I would have accepted their T&C's , i could be wrong though. Thank you all for your responses it has been more than helpful.

When you get to the delivery page, where it says 'continue to payment' it says by clicking continue you agree to our terms.

wealdroam

MisalignedHalo wrote: »

I have just been through the site and put something in my basket to purchase and cannot find anywhere that I would have accepted their T&C's , i could be wrong though. Thank you all for your responses it has been more than helpful.

On the page just before you enter card details you will see: