Ordered online, company took payment and sent invoice but now want more money

branstonpickle

I made an online order for an office chair for home with next day delivery. I paid immediately but nothing arrived. When I phoned they said that they couldn't sell it at that price and they were in the process of putting their prices up. I have pointed out that they took the money, invoiced me and their terms and conditions state

'It is a condition of acceptance of orders that goods are invoiced at prices ruling at the date of despatch.' 

They did invoice so that had accepted the order and there is no excuse for non-delivery. I have told them that unless they deliver the item tomorrow, I will buy from another supplier and invoice them for the difference which I believe I am entitled to do. Their reaction was to refund the payment.

Anyone have any suitable advice?

Thanks

the_lunatic_is_in_my_head

'It is a condition of acceptance of orders that goods are invoiced at prices ruling at the date of despatch.' 

Might be reading it wrong but unfortunately I think that means acceptance occurs at dispatch?

Alderbank

They made a mistake and refunded you in full. That is what you are entitled to.

branstonpickle

the_lunatic_is_in_my_head said:

'It is a condition of acceptance of orders that goods are invoiced at prices ruling at the date of despatch.' 

Might be reading it wrong but unfortunately I think that means acceptance occurs at dispatch?

I agree. They have invoiced at the date dispatch should have taken place so the order was accepted

branstonpickle

Alderbank said:

They made a mistake and refunded you in full. That is what you are entitled to.

I don't agree. They did make a mistake but had already accepted the order and taken the money. I think I am entitled to enforce the agreed contract

user1977

branstonpickle said:

the_lunatic_is_in_my_head said:

'It is a condition of acceptance of orders that goods are invoiced at prices ruling at the date of despatch.' 

Might be reading it wrong but unfortunately I think that means acceptance occurs at dispatch?

I agree. They have invoiced at the date dispatch should have taken place so the order was accepted

I'd prefer to see the rest of the contract to make sure.

maisie_cat

branstonpickle said:

Alderbank said:

They made a mistake and refunded you in full. That is what you are entitled to.

I don't agree. They did make a mistake but had already accepted the order and taken the money. I think I am entitled to enforce the agreed contract

You are entitled to be in the position you were before you ordered. So with the money in your account and  no chair.

JGB1955

Actual despatch never happened, so they were correct in either 1) refunding you or 2) charging you the higher price upon despatch.

TadleyBaggie

branstonpickle said:

Alderbank said:

They made a mistake and refunded you in full. That is what you are entitled to.

I don't agree. They did make a mistake but had already accepted the order and taken the money. I think I am entitled to enforce the agreed contract

It's a virtual certainty that no contract is formed until dispatch, you will have nothing to enforce.

Ergates

branstonpickle said:

I made an online order for an office chair for home with next day delivery. I paid immediately but nothing arrived. When I phoned they said that they couldn't sell it at that price and they were in the process of putting their prices up. I have pointed out that they took the money, invoiced me and their terms and conditions state

'It is a condition of acceptance of orders that goods are invoiced at prices ruling at the date of despatch.' 

They did invoice so that had accepted the order and there is no excuse for non-delivery. I have told them that unless they deliver the item tomorrow, I will buy from another supplier and invoice them for the difference which I believe I am entitled to do. Their reaction was to refund the payment.

Anyone have any suitable advice?

Thanks

Accept they made a mistake and move on - you're not out of pocket.   How much less was the chair from this place than any other place?

Also - look at places that sell second hand office furniture for business that go belly up, you can pick up good quality stuff for a lot less than new.  We got a Herman Miller Aeron chair (over £1000 new) for about the same price as a mid-range Staples chair.

sheramber

branstonpickle said:

the_lunatic_is_in_my_head said:

'It is a condition of acceptance of orders that goods are invoiced at prices ruling at the date of despatch.' 

Might be reading it wrong but unfortunately I think that means acceptance occurs at dispatch?

I agree. They have invoiced at the date dispatch should have taken place so the order was accepted

The contract doesn't say acceptance is at the date dispatch should have taken place.

It is at the date of the actual despatch , which does not exist.