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Price error on website? legal?

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  • Browntoa
    Browntoa Posts: 49,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    from tesco direct, under their terms

    If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund on any amount already paid for that item in accordance with our refund policy in section 7 below.
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  • molerat
    molerat Posts: 34,621 Forumite
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    It is a very grey area if they have taken the money. No cases have got to court yet. The terms may be considered unfair by a court but it has not been tested.
  • Not sure about online but i heard that if something's mispriced in a shop, if the shop doesn't want to sell for that price they have to withdraw the item from sale for 24 hours, before they can start selling again, Well that's what my old boss did when I worked at chelsea megastore (was rather silly, the customer and boss got in an argument over a 60 pence price difference on a £30 shirt hehe)
  • d123
    d123 Posts: 8,737 Forumite
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    deedeeliz wrote: »
    Not sure about online but i heard that if something's mispriced in a shop, if the shop doesn't want to sell for that price they have to withdraw the item from sale for 24 hours, before they can start selling again, Well that's what my old boss did when I worked at chelsea megastore (was rather silly, the customer and boss got in an argument over a 60 pence price difference on a £30 shirt hehe)

    No basis in law, it might have just been company policy to avoid arguments.
    ====
  • Browntoa wrote: »
    from tesco direct, under their terms

    If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price. If you decide not to order the item, we will give you a full refund on any amount already paid for that item in accordance with our refund policy in section 7 below.

    If you've paid no money, then legally there is no contract. When they come back with the correct price, that will be an offer to sell the item to you at that price - you can take it or leave it.

    If you have paid any money, then the contract will be cancelled and your money refunded.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • molerat
    molerat Posts: 34,621 Forumite
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    If you have paid any money, then the contract will be cancelled and your money refunded.
    To cancel the contract means that a contract existed and for one party to cancel it would be a breach of contract. As I said before a grey and untested area.
  • molerat wrote: »
    To cancel the contract means that a contract existed and for one party to cancel it would be a breach of contract. As I said before a grey and untested area.

    Even with a clear cancellation clause? :confused:
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • lamb7994
    lamb7994 Posts: 535 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    deedeeliz wrote: »
    Not sure about online but i heard that if something's mispriced in a shop, if the shop doesn't want to sell for that price they have to withdraw the item from sale for 24 hours, before they can start selling again, Well that's what my old boss did when I worked at chelsea megastore (was rather silly, the customer and boss got in an argument over a 60 pence price difference on a £30 shirt hehe)


    I know previous retailers i've worked for if an item has the wrong price they would just tell the customer it was the wrong price and remove the ticket and order a new ticket.

    But most retailers will do it for goodwill.


    James
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