Argos cancelled my order - wrong price

kaaamisiak

Hi,
Yesterday I bought fridge at Argos store for 133,99 (prev 749,99) with delivery on next Friday. They had (in the store catalogue) two different item numbers (and prices) for the same item. In the cashdesk I asked them twice if price is correct and received information about clearance of a lot of products.
Today I received message that my order has been cancelled because of price mistake.
I've already checked T&C and I couldn't find any information about cancellation orders in this situation. I've found only regulation about orders made online.
Do they have the right to cancel my order?

neilmcl

Yes, no more to be said really.

Pound

kaaamisiak wrote: »

Hi,I've already checked T&C and I couldn't find any information about cancellation orders in this situation.

https://www.argos.co.uk/help/terms-and-conditions/

4.3a

wealdroam

Pound wrote: »

https://www.argos.co.uk/help/terms-and-conditions/

4.3a

But 4.3 a) is about...

Online price errors.

The OP made his purchase in-store.

angryparcel

kaaamisiak wrote: »

Hi,
Yesterday I bought fridge at Argos store for 133,99 (prev 749,99) with delivery on next Friday. They had (in the store catalogue) two different item numbers (and prices) for the same item. In the cashdesk I asked them twice if price is correct and received information about clearance of a lot of products.
Today I received message that my order has been cancelled because of price mistake.
I've already checked T&C and I couldn't find any information about cancellation orders in this situation. I've found only regulation about orders made online.
Do they have the right to cancel my order?

4.3 a) Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being despatched or in store prior to the collection of the goods). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.

It is clear in terms

shaun_from_Africa

angryparcel wrote: »

It is clear in terms

Not really.
That paragraph states that if their is an online price error, the order can be cancelled before dispatch or before the goods that were ordered online are collected in a store.

There was nothing "online" about the OP's purchase so there was no online price error.

Pound

Was it one of these new online digital stores though?

unholyangel

The term covering online pricing errors will likely just be a notification to customers their order may be cancelled before dispatch for this reason (if they've maybe priced it at £250 instead of £300).

However while a contract is generally legally binding on both parties once accepted, it can be void for unilateral mistake - where only one party are mistaken as the other party was aware it was a mistake (or should have been aware it was a mistake).

There was the guy years ago with the madbid (i think thats right) thread who managed to successfully argue against unilateral mistake - by evidencing that such discounts were not unusual so he could not have been reasonably aware. I suppose if OP can show they were offering similar discounts on other similar items then they might be in with a good chance.

unforeseen

I am guessing that Argos will have a clause somewhere in their T&Cs that the contract is not concluded until the person takes possession. If so then it is still possible for either side to cancel.

DoaM

This was a face to face sale where the consumer queried the price with the seller (a physical human person) ... this means any exclusion on the basis of unilateral mistake is null and void. Therefore (IMHO) the OP has a clear case of breach of contract by the seller.

angryparcel

DoaM wrote: »

This was a face to face sale where the consumer queried the price with the seller (a physical human person) ... this means any exclusion on the basis of unilateral mistake is null and void. Therefore (IMHO) the OP has a clear case of breach of by the seller.

It will be their word against the store assistants word of what was said or not said