Company didn't supply high value advertised goods - what next

fitzrovia

Hi all,

I ordered an item from a website on the 6th December. The cost was £1200, which seemed to me to be a good deal – as advertised!it included a film scanner as well as a software package which was the thing I was looking for anyway.

The next day, 7th December, the retailer emailed to say that the item wasn't in stock, so they could either cancel the order or I could wait.

I replied and asked whether there was any way of getting the software part upfront, by digital delivery perhaps.

They replied saying that it "will all come as one package".

The goods were dispatched on 14th December and received 15th December.

At this point I realised that the retailer had made a mistake. Rather than the advertised goods (which were pictured on the item page, as well as detailed on the same page as "In The Box: Cintel Film Scanner, Desk Stand, Spare Set of Rollers, 8x1mm Reel Spacers, DaVinci Resolve Software, Cintel Software and manual"), there was one item, which is a part for the "Cintel Film Scanner" as described above.

Can anyone give any advice on next steps please? I paid on credit card, and I have written to the merchant and my credit card company.

The merchant has sent me a nasty letter telling me that i have "created a dispute where no such dispute exists in order to unduly profit from your anticipated settlement".

They go on to say that I must have been aware that the advertised item was worth £24000 rather than £1200.

I dispute this –!I placed the order in good faith, entered into correspondence with the merchant about the precise items contained within, and then waiting patiently for the item.

I have full documentation of all messages between us, as well as copies of the website description at the time of purchase and then after they changed it when I queried why I hadn't received what was advertised.

Thanks everyone for your time!!

David

[Deleted User]

fitzrovia wrote: »

They go on to say that I must have been aware that the advertised item was worth £24000 rather than £1200.

That's certainly quite a discrepancy in prices.

Do you think the item is worth £24k?

fitzrovia

£1200 seemed like a good price for it, but I wasn't aware it generally cost £24k! I don't think it's worth it necessarily, no. Thanks for your reply

bris

Its an obvious mistake there is no doubt about it. They don't need to give you the package.


Apart from that what is it you want?

fitzrovia

Thanks Bris –!when you say "They don't need to give you the package" do you mean by law?

waamo

In the case of an obvious mistake they don't have to supply the goods at the mistaken price.

fitzrovia

Thanks @waamo –!but haven't they accepted the contract?

Boohoo

fitzrovia wrote: »

Hi all,

I ordered an item from a website on the 6th December. The cost was £1200, which seemed to me to be a good deal – as advertised!it included a film scanner as well as a software package which was the thing I was looking for anyway.

The next day, 7th December, the retailer emailed to say that the item wasn't in stock, so they could either cancel the order or I could wait.

I replied and asked whether there was any way of getting the software part upfront, by digital delivery perhaps.

They replied saying that it "will all come as one package".

The goods were dispatched on 14th December and received 15th December.

At this point I realised that the retailer had made a mistake. Rather than the advertised goods (which were pictured on the item page, as well as detailed on the same page as "In The Box: Cintel Film Scanner, Desk Stand, Spare Set of Rollers, 8x1mm Reel Spacers, DaVinci Resolve Software, Cintel Software and manual"), there was one item, which is a part for the "Cintel Film Scanner" as described above.

Can anyone give any advice on next steps please? I paid on credit card, and I have written to the merchant and my credit card company.

The merchant has sent me a nasty letter telling me that i have "created a dispute where no such dispute exists in order to unduly profit from your anticipated settlement".

They go on to say that I must have been aware that the advertised item was worth £24000 rather than £1200.

I dispute this –!I placed the order in good faith, entered into correspondence with the merchant about the precise items contained within, and then waiting patiently for the item.

I have full documentation of all messages between us, as well as copies of the website description at the time of purchase and then after they changed it when I queried why I hadn't received what was advertised.

Thanks everyone for your time!!

David

Why don't you just pay the 24k if you like/want the item.


Do you have the website description that shows the item you think you should have for the price you paid and if yes why don't you put a copy on here so other users can see if it's the company's fault and aslo they can have a look the the T&C's.

bris

fitzrovia wrote: »

Thanks Bris –!when you say "They don't need to give you the package" do you mean by law?

Yes, an obvious mistake can't form a contract. Consideration is a fundamental part of the contract, they never considered giving the whole package away for the cost of 1 item in that package.


Mistakes are allowed, that's why it takes more than just offer and acceptance to form a contract.


Playing devils advocate I would find it hard to believe you actually believed the whole package was only £1200, it's not exactly a minor error.


I take it you want your money back? Just return what you have for a refund. For that kind of money I also assume it's a business purchase?

KatrinaWaves

Just to double down, there is NO chance you can hold them to this contract. Even if you were innocent to it, and had no idea you were buying something work £24000 for £1200, surely you must see that they would not sell to you at this price. Its just common sense.

Only someone thinking and getting excited over this massive bargain they think they have managed to legally bind a company to would be so insistent on 'getting whats in the contract'

Basically you have two hopes, no hope and Bob Hope.

KatrinaWaves

fitzrovia wrote: »

Thanks Bris –!when you say "They don't need to give you the package" do you mean by law?

Of course, 'yes by law'

Do you really think there is a law that states a company has to be £23k out of pocket for a typo on a website?