Pricing Error - Confirmed and Dispatched. Where do I stand?

Pote

I ordered a PS4 from Currys the other day for a great price, probably a pricing error.

Currys/PC World sent through confirmation emails confirming the order, and dispatch emails from Currys & DPD confirming the dispatch. Money has even been taken out of the account.

DPD tracking worked, and it was on its way. The DPD van was about 1hr from delivery from my house (I was later on DPD's route for the day!), and then DPD tracking said "the package was being returned to depot".

It seems Currys have told DPD not to deliver it, even though it was sent out, paid for and confirmed. I don't know if I have a leg to stand on in terms of being owed the product at the point, as the 'contract' is made by both being paid for, and product sent to me. I've not heard anything from Currys at all other than dispatch confirmation.

I'd be really curious on anyone else's thoughts, and possible next steps? Thanks!

Aylesbury_Duck

They're entitled to correct their error, as long as they don't leave you out of pocket. If you get a full refund, case closed.

Edited to add: the return to depot may not be because of the pricing error. You may find it gets delivered at a later date.

davidmcn

Pote wrote: »

I don't know if I have a leg to stand on

Not if the price is "probably an error".

Pote

Thanks for replying. Don't know how much weight this carries, but I only posted here after I saw the Citizen's Advice website saying:

If something is advertised at the wrong price
Shopping online

Your legal rights depend on something fairly tricky in the law: whether or not you have a ‘contract’.

Depending on the company’s terms and conditions, you’ll have legal rights (and a contract) either:

• once you’ve paid for the item
• once they’ve sent it to you
• You’ll need to find the company’s terms and conditions to find out where you stand. Contact the Citizens Advice consumer helpline if you need help. It may be too tricky to work out yourself.

If you have a contract, the company can’t usually cancel your order, even if they realise they’ve sold you something at the wrong price. They’ll only be able to cancel it if it was a genuine and honest mistake on their part that you should’ve noticed.

If you don’t have a contract and someone realises they’ve told you the wrong price, they can cancel your order.

As the product was both paid for and dispatched, I didn't know if I had any more grounds?

Aylesbury_Duck

I think this bit is applicable:

....it was a genuine and honest mistake on their part that you should’ve noticed.

Looks like both apply, therefore they're entitled to cancel the order.

I didn't know if I have any more grounds?

Grounds for what, exactly? Greed? Behave. If they deliver, you've got yourself a bargain. If they have cancelled the order, you're no worse off.

davidmcn

Pote wrote: »

a genuine and honest mistake on their part that you should’ve noticed

You told us yourself that it was "probably a pricing error", so not only should you have noticed it, you actually did notice it.

JJ_Egan

OP thought it was an error at purchase .

Pote

Cheers for chipping in, all - settles that one!

unholyangel

It really depends on circumstances. Making a simple mistake doesn't allow them to cancel the contract. But making a unilateral one would render the contract "void ab initio" (which means the contract was never valid at any point).

A unilateral mistake is a mistake that is so obvious, the other party knew it was a mistake, or should have known it was a mistake.

Typically thats in circumstances where something thats usually say £300 has been priced at £30 by accident. Where if the item was say £150 or £200, then that wouldn't be quite as obvious and that contract could remain binding. Although circumstance is important - if they regularly sold items for 10% of the market price then selling a £300 item for £30 wouldn't be a unilateral mistake.

Hermione_Granger

unholyangel wrote: »

A unilateral mistake is a mistake that is so obvious, the other party knew it was a mistake, or should have known it was a mistake.

Like the case in hand you mean?

Pote wrote: »

I ordered a PS4 from Currys the other day for a great price, probably a pricing error.

unholyangel

Hermione_Granger wrote: »

Like the case in hand you mean?

Yes, I read that part.

But "probably" a pricing error at £200 is quite different from an obvious pricing error at £50. Just because something could be a pricing error doesn't make it an obvious one which will render a contract void for unilateral mistake.

ETA: Nor is it clear whether this was the OP's view when they entered into the contract or whether they've simply arrived at that conclusion due to them recalling the delivery.