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Company cancelling order

vicxta
Posts: 98 Forumite
I recently brought something online in Black Friday sales at what seemed like a good price, though not so unrealistic it was clearly an incorrect price.
The company have taken my money, emailed confirmation of the order, emailed a dispatch confirmation and the delivery company a time slot for delivery.
however the order never turned up. On speaking to the company they have said that the order was cancelled as the order was mispriced. As yet, it's only been a day, but i've not had a refund, nor any official email to say it had been cancelled. They still have stock, and have offered it to me at the correct price.
At what point does the sale become binding by law? I understand if it was clearly a misprice, or the shipment was stopped before dispatch, but they clearly have the goods, and have confirmed the order with me in more than 1 email, and taken my money. Can they now cancel it? Their website does state they have the right to cancel the order even after confirmation of the order, but if they have taken my money and dispatched, does this not mean the sale has already been made, can it now be cancelled?
thanks,
The company have taken my money, emailed confirmation of the order, emailed a dispatch confirmation and the delivery company a time slot for delivery.
however the order never turned up. On speaking to the company they have said that the order was cancelled as the order was mispriced. As yet, it's only been a day, but i've not had a refund, nor any official email to say it had been cancelled. They still have stock, and have offered it to me at the correct price.
At what point does the sale become binding by law? I understand if it was clearly a misprice, or the shipment was stopped before dispatch, but they clearly have the goods, and have confirmed the order with me in more than 1 email, and taken my money. Can they now cancel it? Their website does state they have the right to cancel the order even after confirmation of the order, but if they have taken my money and dispatched, does this not mean the sale has already been made, can it now be cancelled?
thanks,
0
Comments
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Yes it can be cancelled,it was a pricing error ( which i think you knew ).0
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When you say taken the money? Is it showing as a debit on your account, or just your available balance is less the amount.Life in the slow lane0
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Orders are accepted by computers these days, once it get to the human stage, usually just before dispatch that's when the errors are discovered. No contract has been accepted until that point so you are not entitled to the item.0
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Orders are accepted by computers these days, once it get to the human stage, usually just before dispatch that's when the errors are discovered. No contract has been accepted until that point so you are not entitled to the item.
Usually ... but it depends on the specific T&Cs as to when a contract is formed. If the T&Cs specify the contract is formed at payment then (legally) they'd be in breach of contract by trying to cancel. Enforcing this though is another matter, so the defacto position is that they can get away with it.0
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