Paid for incorrectly priced item now offering 20% discount

Doberama

Hi All,

I’m after a bit of advice please ...

We bought a drive away awning online on Monday. It was advertised as two prices 1 for the left hand side entrance and one for the right with a slightly different description. We needed a left hand side awning so were thrilled to find this was cheaper!

The company sent several confirmation emails to say order accepted, order processed, order dispatched and even supplied a tracking number for the item. I duly waited in all day yesterday for it to arrive, kept checking the tracking details and apparently it was on its way. It never arrived!

Today I receive an email saying the price was incorrect, they would be refunding the money but we can have a 20% discount on the now higher priced item. This would leave us over £120 out of pocket.

Can we force them to supply the item at the original price as they took the money and had dispatched the item although it never arrived, or do we negotiate a higher discount, or do we never use them again and write them off as a bad lot and offer up a rubbish review to google?

Thanks in advance

Warwick_Hunt

Move on life’s too short.

DoaM

Was the incorrect price an obvious mistake?

What did the T&Cs say as regards when a contract was deemed to be formed?

Edit: Ignore the post above ... to most people £120 is worth bothering about.

Doberama

Not obvious to us no as we’ve only just bought the Campervan and this was our first attempt at buying an awning.

I’ve read the T’s and C’s today and they are vague I think but of course I am ready from my point of view not necessarily a neutral point of view:
ACCEPTANCE OF ORDER

When confirmation of your order is received, this is to indicate that we have received and accepted your order. Please note that if there has been a mistake in pricing or delivery costs that would have been obvious to the customer, we reserve the right to request additional payment for the correct amount or cancel the order.

My gripe is they took payment and gave us a tracking number so the item had been dispatched.

I’m never not going to worry about £120

p00hsticks

Doberama wrote: »

Hi All,

Today I receive an email saying the price was incorrect, they would be refunding the money but we can have a 20% discount on the now higher priced item. This would leave us over £120 out of pocket.

They've refunded you, so you are in exactly the same financial position as you were in before the transaction took place - that's all they have to do.

DoaM

p00hsticks wrote: »

They've refunded you, so you are in exactly the same financial position as you were in before the transaction took place - that's all they have to do.

Not always ... it depends on when a contract is deemed to be formed. If they've breached the contract then the other party can sue for damages caused by the breach ... an example would be purchasing the item elsewhere and the breaching party paying the difference between paid price and original contract price.

But this isn't an easy road to follow, so what you posted is the the path most-followed.