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

sheramber

Since nobody agreed with him I doubt he will be back.

Ergates

SiliconChip said:

unholyangel said:

TELLIT01 said:

Alderbank said:

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

They didn't make a mistake as I read things.  Their supplier presumably increased their price after the OP had ordered and therefore they increased their price.  What they should have done is informed the customer of the price change.  To have a clause in the T&C which effectively allows them to increase the price without warning may not be enforceable.  The OP had their money back so no harm done, apart from annoyance.

A company can't cancel a validly formed contract just because it becomes more difficult or expensive to perform than they had originally anticipated. That's just a bad bargain, not a bad contract. 

You might be right in theory, but the fact is that the company has cancelled the contract, and the only way now that the OP can enfore it is by taking legal action. As the money has been refunded the claim would be for loss of bargain between the original and new price, that may be worth doing if it's a big difference but it might be easier just to buy a chair elsewhere.

Almost all online retailers have T&Cs that say that the contract is formed at the point of despatch.  Unless for some unusual reason this company doesn't (which would be *very* unusual, this means that they *haven't* cancelled the contract as there was no contract to cancel.

the_lunatic_is_in_my_head

unholyangel 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?

Such a term isn't valid. It is a fact that that terms of the acceptance must exactly match that of the offer.

Any variation is not, in fact, acceptance and instead is a counteroffer.

Thanks for the clarification, I wonder if OP has stumbled upon a trade only site, would such a term be valid as B2B? (Not that I think this would affect the OP being a consumer).

Google doesn't seem to bring up decent results for that term, would be helpful to know where they purchased from, but I doubt we are going to find out.  

user1977

the_lunatic_is_in_my_head said:

unholyangel 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?

Such a term isn't valid. It is a fact that that terms of the acceptance must exactly match that of the offer.

Any variation is not, in fact, acceptance and instead is a counteroffer.

Thanks for the clarification, I wonder if OP has stumbled upon a trade only site, would such a term be valid as B2B? (Not that I think this would affect the OP being a consumer).

Google doesn't seem to bring up decent results for that term, would be helpful to know where they purchased from, but I doubt we are going to find out.  

I found it in a few trade-oriented catalogues, though it looked like there were probably going to be additional contractual terms elsewhere.