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

MisalignedHalo

Thank you all, looks like I have to take it on the chin:)

pinkshoes

A similar issue was in the Sunday Times Money section yesterday. Someone bought a BBQ for £150, then a few days later the order was cancelled.

As the order was paid for then a collection date given, their legal/consumer people stated that the "invitation" at that price was therefore accepteded at this point, so The shop should honour the sale, which they eventually did.

A mistake is one thing, but taking payment as well as giving a delivery date can be seen as acceptance of the offer at that price.

akkers

I thought taking payment was a form of binding the contract. When the retailer takes payment in cash or through credit/debit cards he is in effect signing the contract and neither side can back out except in certain circumstances.

There were some cases a few years ago when there were a pricing error on a major retailer website. The quickly changed the price on the website once orders started to flood in. But they had to honour the orders for which they had taken payment.

wealdroam

akkers wrote: »

I thought taking payment was a form of binding the contract. When the retailer takes payment in cash or through credit/debit cards he is in effect signing the contract and neither side can back out except in certain circumstances.

There were some cases a few years ago when there were a pricing error on a major retailer website. The quickly changed the price on the website once orders started to flood in. But they had to honour the orders for which they had taken payment.

Re-read post #8.

The OP appears not to have agreed with the seller that the contract is formed at dispatch.

marliepanda

wealdroam wrote: »

Re-read post #8.

The OP appears not to have agreed with the seller that the contract is formed at dispatch.

But they have agreed that currys can cancel at any time due to pricing errors. They have no chance.

wealdroam

marliepanda wrote: »

But they have agreed that currys can cancel at any time due to pricing errors. They have no chance.

Are Currys T&Cs able to overrule SoGA Section 28 then?

I do agree that the OP will have difficulties, and it does seem strange that Currys appear not to have protected themselves properly here.

George_Michael

wealdroam wrote: »

Are Currys T&Cs able to overrule SoGA Section 28 then?

But Currys might be able to successfully argue that they are not overruling S28 of the SOGA.

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.

It could be that a judge will agree that a buyer accepting the term that states Currys reserve the right to cancel contracts where payment has been accepted by them if they discover a pricing error, means that the SOGA has not been breached.

wealdroam

George_Michael wrote: »

But Currys might be able to successfully argue that they are not overruling S28 of the SOGA.

It could be that a judge will agree that a buyer accepting the term that states Currys reserve the right to cancel contracts where payment has been accepted by them if they discover a pricing error, means that the SOGA has not been breached.

Yes, that is a possibility, but I still think it very strange that Currys have not made their position more secure. So much so that I am sure I have missed something somewhere.

unholyangel

There's also the fact that even once a contract is formed, it will legally be voidable in certain circumstances. Such as a unilateral mistake.

George_Michael

wealdroam wrote: »

So much so that I am sure I have missed something somewhere.

I don't think you have missed anything.
I've had a good look at their T&C's and also couldn't find anything similar to the "contract only formed upon dispatch of goods" clause.