Incorrectly priced items

joelou80

I ordered items from an online company some of the items were matked up as the price was 0.00, so I ordered a few of them along with my £150 order on the presumption that as a new customer it must be an offer that they do, I ordered and paid in full on the 12th Jan, on the 14th Jan I received a message saying some items (not the ones advertised at 0.00p) were out of stock and that they had been placed on back order but the rest of my order was being shipped. I received my order by courier on the 15th Jan and to my surprise the 0.00p items were in there. I received an invoice on the 18th January (dated 12th January), stating that the items were sold to me at 0.00p, but today 20th January they have sent me a new invoice (dated 19th Jan) for those items alone and charging me full price, is this legal?
I looked at their t&c's but can't make head nor tails of my rights. myfootcaresupplies.com/content/3-terms-and-conditions
Thank you in advance for you help on this matter

joelou80

It was c&p medical that I ordered through, also, apologies for my typos

davidmcn

Even if a contract had been formed (and often the terms state that there is no contract until the items are dispatched), they're allowed to correct errors - and unless it was actually a "buy x, get y free" offer, this sounds pretty obviously like an error. So I don't think there's actually a contract for the items you already have, in which case you either ought to return them (I think at their cost rather than yours) or pay for them. What's the value of the items?

williamgriffin

Look at the t&c for when the contract is formed. If it's at the time of dispatch they can correct any obvious errors. 

couriervanman

So you thought free I'll have a load of them

joelou80

The value is £36, I ordered 3 as I actually needed 3 and there was no option to buy it at any other price

joelou80

couriervanman said:

So you thought free I'll have a load of them

That is not the case in this instance, but so easy to make presumptions 😁

joelou80

davidmcn said:

Even if a contract had been formed (and often the terms state that there is no contract until the items are dispatched), they're allowed to correct errors - and unless it was actually a "buy x, get y free" offer, this sounds pretty obviously like an error. So I don't think there's actually a contract for the items you already have, in which case you either ought to return them (I think at their cost rather than yours) or pay for them. What's the value of the items?

The items were to the value of £36 for 3 items, I needed the items anyway to set up my new small business but wasn't able to purchase them at any other price, what you said makes sense, I think it would be morally correct of me just to pay for them. I am just a little annoyed that they could do this, But they were probably annoyed that I ordered them

davidmcn

joelou80 said:

davidmcn said:

Even if a contract had been formed (and often the terms state that there is no contract until the items are dispatched), they're allowed to correct errors - and unless it was actually a "buy x, get y free" offer, this sounds pretty obviously like an error. So I don't think there's actually a contract for the items you already have, in which case you either ought to return them (I think at their cost rather than yours) or pay for them. What's the value of the items?

I needed the items anyway to set up my new small business 

You're on the consumer rights forum - if it's a business purchase then consumer rights wouldn't apply anyway.

joelou80

davidmcn said:

joelou80 said:

davidmcn said:

Even if a contract had been formed (and often the terms state that there is no contract until the items are dispatched), they're allowed to correct errors - and unless it was actually a "buy x, get y free" offer, this sounds pretty obviously like an error. So I don't think there's actually a contract for the items you already have, in which case you either ought to return them (I think at their cost rather than yours) or pay for them. What's the value of the items?

I needed the items anyway to set up my new small business 

You're on the consumer rights forum - if it's a business purchase then consumer rights wouldn't apply anyway.

Oh ok, thank you, I'm new to all of this and don't have a clue, but learning slowly, I haven't set up the small business yet due to covid rules but it was in preperation, thank you for your help on this matter.