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Not honouring pricing error

2

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  • Bogalot
    Bogalot Posts: 1,102 Forumite
    Credit to you for acknowledging your overreaction.

    If you need help with the benefits issue there is a benefits board further up the forum.
  • DoaM
    DoaM Posts: 11,863
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    Unilateral cancellation due to a pricing error ... does that still apply if the T&Cs of the contract state that contract is formed upon issue of the dispatch notification? (Which is the OP's situation ... I've not read that supplier's T&Cs but I'd expect that the contract was formed, so the supplier is now breaching the contract).
  • leclerc
    leclerc Posts: 137 Forumite
    Is she entitled to the delivery charge back IF it has already been taken out of the account?

    If that answer is yes, can the OP clarify that the delivery charge was debited and that they have stated that they will refund this?
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    DoaM wrote: »
    Unilateral cancellation due to a pricing error ... does that still apply if the T&Cs of the contract state that contract is formed upon issue of the dispatch notification? (Which is the OP's situation ... I've not read that supplier's T&Cs but I'd expect that the contract was formed, so the supplier is now breaching the contract).

    No. A unilateral cancellation can be made.

    The OP took the Michael and it got caught.
  • steampowered
    steampowered Posts: 6,176
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    DoaM wrote: »
    Unilateral cancellation due to a pricing error ... does that still apply if the T&Cs of the contract state that contract is formed upon issue of the dispatch notification? (Which is the OP's situation ... I've not read that supplier's T&Cs but I'd expect that the contract was formed, so the supplier is now breaching the contract).

    Yes, there is an area of contract law called "unilateral mistake" (https://en.wikipedia.org/wiki/Mistake_(contract_law)#Unilateral_mistakes).

    This essentially says that if Party A makes a fundamental mistake, and Part B is aware of the mistake or should have been aware of the mistake, then Part A can cancel the contract.
  • The money was debited from my account and they haven't contacted me at all regarding refunding delivery cost .
  • wealdroam
    wealdroam Posts: 19,180
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    The money was debited from my account and they haven't contacted me at all regarding refunding delivery cost .
    Yes of course they will refund the delivery cost.
    They do allow themselves up to thirty days to do the refund.

    From their T&Cs:
    5.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card or from a Paypal account, as soon as possible but in any event within 30 days of your order.
  • iammumtoone
    iammumtoone Posts: 6,377
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    I dont know how old your daughter is but if you were buying from the entertainer I assume she is young?

    I suggest looking in charity shops for presents. When my son was young all his birthday and Christmas presents were charity shop/car boot sale. At a young age they do not notice or care about packing just what the toy is.

    Good luck I hope you find something.
  • Kingsd316
    Kingsd316 Posts: 1,394
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    3.3 Your order is accepted and the contract concluded when the product ordered is despatched.

    Would this not be in the OP's favour, breech of contract etc?
    :beer:
  • wealdroam
    wealdroam Posts: 19,180
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    Kingsd316 wrote: »
    3.3 Your order is accepted and the contract concluded when the product ordered is despatched.

    Would this not be in the OP's favour, breech of contract etc?

    Re-read post#16.
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