Online misprice - how to enforce the contract

lincroft1710

unholyangel wrote: »

No problem, we've all done it at some point! If its any consolation, part of the reason I was so puzzled by it was because it had came from you You're usually on the ball

Thank you .

daeargwr

Update:

I wrote to the company pointing out that I understood a contract had come into existence as per their terms and set out the reasons why I didn't believe the misprice to have been an obvious error. They've agreed and will be sending me the item I ordered.

[Deleted User]

daeargwr wrote: »

will be sending me the item I ordered.

Obviously caving to maintain good customer service.

Not any legal entitlement on your part, however..

daeargwr

Moneyineptitude wrote: »

Obviously caving to maintain good customer service.

Not any legal entitlement on your part, however..

For balance should anybody else come across this thread I did manage to speak to two legal advisors about this yesterday (at Which? legal and through a scheme we have in my workplace). Based on the facts I sent through to them (order details, phone call which confirmed the price and the company T&Cs) both agreed that there was enough evidence for breach of contract which could be pursued via small claims court.

However, both cautioned that whilst they thought there was good evidence it would ultimately be down to the judge so could go either way on the day.

[Deleted User]

daeargwr wrote: »

However, both cautioned that whilst they thought there was good evidence it would ultimately be down to the judge so could go either way on the day.

So basically the (free) Which legal advisors hedged their bets by encouraging you to go to court, while also saying you might lose? :eek:

As I said, the company capitulated to be rid of the potentially litigious complaint you were threatening them with. That doesn't mean you had any legal right to the item at that price, just that you won!