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Has contract been formed

In Summary:

Bed ordered from Robert Dyas at significant discount online.

Payment taken and arranged delivery time with dispatch company this morning. I have received confirmation email regarding delivery date.

This afternoon Robert Dyas email apologising for pricing error and have refunded me and cancelled delivery with dispatch. I have checked with dispatch and delivery has been cancelled.

Do I have any legal recourse to insist they honour the original offer?

Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    What do their T&Cs state as being when a contract is formed?

    You'll also find that if the discounted price was an obvious error (you say yourself that it was significant) then the seller can unilaterally rewind the contract and put you back in the same position as if the contract had not been formed. (i.e. give you a full refund). How much was the discount? (e.g. RRP £1,000, purchase price £200).

    So the answer to your question is - it depends.
  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Define 'significant'
  • Qwiksilver
    Qwiksilver Posts: 83 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    DoaM wrote: »
    What do their T&Cs state as being when a contract is formed?

    You'll also find that if the discounted price was an obvious error (you say yourself that it was significant) then the seller can unilaterally rewind the contract and put you back in the same position as if the contract had not been formed. (i.e. give you a full refund). How much was the discount? (e.g. RRP £1,000, purchase price £200).

    So the answer to your question is - it depends.

    Thank you for the reply.

    Discounted from £1024 to £299. One of 3 colours all heavily discounted and advertised as clearance so assumed genuine.

    Cant seem to find their T&C's on any of the emails I have received and like most did not read them when ordering.
  • Forwandert
    Forwandert Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Was this the £299 silent night bed including mattress posted on hot deals a couple of days ago?

    You take your chances with those types of pricing errors on those deals sites same the other 100's of people purchasing. The mattress was worth more than the error price.
  • Provided that you hadn't received notification that the bed had actually been dispatched then yes, they are legally entitled to do what they have done.
    7.5 Your order constitutes an offer to us to buy the product. All orders are subject to acceptance by us and we will confirm acceptance of the contract (“Contract”) by sending you a dispatch confirmation e-mail. Robert Dyas is entitled at its discretion to choose not to accept your order for any reason and will not be held liable to you or any other person in such circumstances. The Contract will only be formed when we send you a dispatch confirmation.
    https://www.robertdyas.co.uk/terms-conditions/
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Qwiksilver wrote: »
    Cant seem to find their T&C's on any of the emails I have received and like most did not read them when ordering.
    They're pretty easy to find on their website:
    https://www.robertdyas.co.uk/terms-conditions/

    How about this:
    7.5 Your order constitutes an offer to us to buy the product. All orders are subject to acceptance by us and we will confirm acceptance of the contract (“Contract”) by sending you a dispatch confirmation e-mail. Robert Dyas is entitled at its discretion to choose not to accept your order for any reason and will not be held liable to you or any other person in such circumstances. The Contract will only be formed when we send you a dispatch confirmation.
    So, did you get a dispatch confirmation email?
  • Qwiksilver
    Qwiksilver Posts: 83 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thank you Hermione cleared that up perfectly.

    Hey ho onwards and upwards.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Qwiksilver wrote: »
    Hey ho onwards and upwards.

    At least you are taking it the right way.
    If you had ended up with a bargain priced bed then good luck to you but you've accepted that this won't be the case and are happy enough to be refunded.
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