Sale of Goods advice please

NellyG_2

H Folks,

I am hoping that someone could please point me in the right direction. I ordered two baths from a company called Boundary Bathrooms via their website. Admittedly they were at a price that seemed too good to be true- £12.95 each, with a total of £29 delivery- but this was at the height of everyone's recent clearance sales so seemed sensible. The money has been taken from my account and the baths were due to be delivered within ten days or so. Having waited two weeks, I contacted them and was told that the baths were a mis-price and should have been £112.95 instead- if I want the baths, I will have to pay the extra £100 for each of them, said the CS lady on the phone. If not, I will give you a refund, she also said.

I refused either of these options as I believe that the retailer has entered into a contract by taking the order and taking the money from my account. Am I correct and, if so, how do I go about getting them to honour their side of the bargain? As far as I am aware, the baths are in stock so there would be no issue in them supplying them to me, if they wanted to

Thanks in advance,
Nelly

pinkshoes

Their web page says in it's T&Cs:

1.1.3 While We will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

AND

2.1.3 Non-acceptance of an order may be a result of one of the following:
2.1.3.1 The product you ordered being unavailable from stock ;
2.1.3.2 Our inability to obtain authorisation for your payment;
2.1.3.3 The identification of a pricing or product description error;

NellyG_2

Thanks. The Ts & Cs on their website are a minefield, written to confuse in my opinion. As well as the sections you have spotted, they also say the following:

2.7.4 In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, We shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your credit card has already been charged and We subsequently cancel your order, We will immediately issue a credit to your credit card account in the value of the incorrect price (including delivery charges).

and......

2.6.3 We reserve the right to make adjustments to the price to take account of any increase in Our supplier's prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order

and.......

2.1.2 No contract will subsist between you and us for the sale by us to you of any Goods unless and until We accept your order by e-mail or otherwise in writing confirming that We have accepted your order. Completion of the contract between you and us will take place on the despatch to you of the Products. For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom.

I have received a confirmation e mail, the money has been taken from my bank account and therefore a contract has been established, I think. Despite them trying to blind people with legal jargon, as above, do they have the right to change a price or back out of a contract once that contract has been created? I think this is called an "exchange of consideration", as they have taken my money and so they would be bound by contract law. I don't know enough to know where I stand legally though, to be honest. Any further advice would be great...............

dmg24

You have contradicted yourself there. The T&C's are quite clear, and everything that you have quoted shows that no contract has been formed.

They have not accepted your offer to purchase from them, therefore no contract has been formed. The fact that money has been taken is irrelevant, and would only be relevant in the absence of T&C's.

Accept that you were never going to get a bath for £13 and move on ...

timnicebutdim_2

I agree with dmg24 about accepting a refund and moving on..... but however it is an offence under section 20 of the Consumer Protection Act 1987 "to give an indication which is misleading as to the price at which any goods, services, accommodation or facilities are available."

reehsetin

it is an offence, so you can report them to trading standards, but you cant force them to complete the sale with you

dmg24

timnicebutdim wrote: »

I agree with dmg24 about accepting a refund and moving on..... but however it is an offence under section 20 of the Consumer Protection Act 1987 "to give an indication which is misleading as to the price at which any goods, services, accommodation or facilities are available."

That is correct, however the CPA provision is more concerned with those who intend to mislead, for example where an advertisement states 50% off on an item that has never been sold at the supposed full value. I doubt that Trading Standards would take action against a genuine error, as long as they were confident that the retailer was not continuously making such 'errors' x

NellyG_2

Okay, thanks all. Looks like it is time for me to accept the inevitable and move on. All of your advice much appreciated though. Back to looking for a cheap bath again!

uktim29

NellyG wrote: »

I refused either of these options as I believe that the retailer has entered into a contract by taking the order and taking the money from my account. Am I correct and, if so, how do I go about getting them to honour their side of the bargain? As far as I am aware, the baths are in stock so there would be no issue in them supplying them to me, if they wanted to

Thanks in advance,
Nelly

Why do people keep doing this? What is society coming to?

How would you like it if you walked into a shop, paid with a £20 for a cheap item, were in a rush and walked away without taking your change but then go back within a couple of seconds. How would you feel if you knew the cashier knew you did this but said it's too late now, you should have checked it when I gave it to you!