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Incorrect pricing - What are my rights?

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Old 27-09-2007, 08:35 AM
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Christian and Beccy
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Default Incorrect pricing - What are my rights?

I received an email the other day about a product that I am interested in (a piece of furniture infact), but I know it to usually cost over £200 and actually when I search for it, I can't find it for less than about £190. The email was a link to a website that has it 'on offer' for "£69.99 was £79.99", so IMO clearly a mistake. I reckon that price should have been £269.99 in all honesty as even £169.99 would make it quite alot cheaper than any other price I can find and their 'original' price of £179.99 is still alot less than the RRP.

However, I bought it immediately and they have taken the money, but I haven't heard anything yet (3 days ago).

I'm sure I remember reading something where once they have taken the money, they have to supply?

They still haven't altered the website too, which makes me wonder.
Old 27-09-2007, 09:33 AM
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Ring em and ask for delivery date - you are probably alright or its a cheap copy
Old 27-09-2007, 09:41 AM
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Christian and Beccy
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Well, update already.

I have just had an email from them saying that there is a problem with the manufacturer and that they have refunded my money!!

However, when you go to the website, the price has mysteriously changed to £249.99!!

So, I emailed them and told them they because they have lied to me, I plan to pursue the matter.

We'll see,
Old 27-09-2007, 09:52 AM
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Bit spineless doing it like that
Old 27-09-2007, 09:54 AM
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I'll bet you they have done an Argos trick and added that they reserve the right to withdraw the product/change price in their terms.

If they don't have one or doesn't mention it, then you could be onto a winner.
Old 27-09-2007, 10:03 AM
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Christian,

Look at it this way............... "boot on the other foot" mode:

If on your website, when you first advertised the VEMS Wideband Gauge Kit, instead of the correct price of £205.61 you made a mistake and displayed the price at £ 25.61 each.......then within 3 or 4 for days you received e-mail orders for 50 or 60 of the kits (at £ 25.61 as quoted) - what would you do?
Old 27-09-2007, 10:03 AM
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Unfortunately they don't have to supply the goods at the price stated. A given price is only an invitation to trade, it is not a contract to supply at that price. Its a shoddy way to do things but they are well within their rights I'm afraid.

Debs
Old 27-09-2007, 10:05 AM
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From what I have read so far, there were some suggested changes in E-Commerce law that said that a Shopping Cart scenario on a website should be portrayed as simply being an offer to the vendor to buy the product and that only when the vendor had accepted the sale is a contract formed.

In my mind, taking the payment is accepting the sale and thereby forming a contract.

They're gonna get it.
Old 27-09-2007, 10:10 AM
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Thats how they will get you, they have refunded you. You could get on to them and suggest they give you it at the price you paid as a goodwill gesture, remind them that every dissatisfied customer generally tells ten other people about their experience with the company and that you are willing to do so on an Internet forum, so surely they would be better off providing you with a good service that you can tell people about, try sugar before salt.

Debs
Old 27-09-2007, 10:11 AM
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you having a pmt day
Old 27-09-2007, 11:50 AM
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truthordare
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Originally Posted by Mitsy FQ
you having a pmt day
Only everyday

Debs
Old 27-09-2007, 11:55 AM
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Same thing happened ti me last year.

Demon tweeks were advertising the proper stack dashes for 120 quid or something.

I bought one straight away and the cash came of my card.

When it did not arrive I phoned to query.

they said they had reslised their mistake and had guy from the legal dept on hand to speak to me.

He gave me tons of reasons to why they can do what they like with prices etc but they dont have to stand to them.
Old 27-09-2007, 12:51 PM
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Gypo bastard. Admit defeat
Old 27-09-2007, 01:03 PM
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Originally Posted by PintoPhil
Gypo bastard. Admit defeat
Old 27-09-2007, 01:23 PM
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If they took payment I would do the same as you!

Thats the point at which a purchase contract starts.
Old 27-09-2007, 01:29 PM
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In fairness to you christain.

If you were selling an item on your site, should be priced at say £200, and you advertised it for £20, suddenly loads of orders, you notice your error, would you honestly still supply the product for the £20 you had it advertised at??
Old 27-09-2007, 01:34 PM
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when i got a new set of brake pads for my mondy a few weeks back, they looked up the wrong ones on the computer, i paid for them and took them.

Took them back a few hours later when i realised they were wrong, for the right ones, they wanted an extra £8, i told them that they told me that the pads for my car were £23 instead of 30, the fact that they gave me the wrong ones was their mistake, not mine. So i got the right ones for the cheaper price
Old 27-09-2007, 01:34 PM
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Originally Posted by Coldo
In fairness to you christain.

If you were selling an item on your site, should be priced at say £200, and you advertised it for £20, suddenly loads of orders, you notice your error, would you honestly still supply the product for the £20 you had it advertised at??
would he fuck

anyone would think he was scottish
Old 27-09-2007, 01:44 PM
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Christian and Beccy
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In all honesty, thats the reason we don't publish more prices on our site.

If I made an error and it was within the legal rights of the customer that I mis-quoted, I would have to take it on the chin. I know that, which is why I am VERY careful. That's the truth too.

If I was talking about £20-£30 I wouldn't worry, but this is £200 and worth pursuing, especially since it wasn't something I had gone looking for, they had not only fucked the price up on the website, but sent me an email about it too.
Old 27-09-2007, 01:56 PM
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The same thing happened either earlier this year or last year, with Woolworths offering a 32" TV for about a hundred quid. Got the email confirming order, then when when they realised their mistake, got an email refunding the order and quoting the small print from their T & Cs.

There was a thread about it on PF if you search for it.
Old 27-09-2007, 02:08 PM
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I have read through their Terms & Conditions and apart from the usual general disclaimers the only specific one which is in any way relevant is this one.....

"5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order. "

This is a commonly used line as I have just Google'd it. Surely the debate is over what constitutes processing an order. I would have thought that by taking payment, they have processed the order and that delivery is the only aspect that remains?
Old 27-09-2007, 02:09 PM
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Originally Posted by Redkop
The same thing happened either earlier this year or last year, with Woolworths offering a 32" TV for about a hundred quid. Got the email confirming order, then when when they realised their mistake, got an email refunding the order and quoting the small print from their T & Cs.

There was a thread about it on PF if you search for it.
yup same here.

They would only honnour it if they had taken the money from you.
Old 27-09-2007, 05:39 PM
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Sometimes they sneak in the small print E&OE which covers their arses.

Unfortunately or fortunately whatever the case may be, a company whose employee erroneously keyed in the wrong amount can't really be held responsible for the error and have to honour the price stated. Human error 'n all that.
Old 28-09-2007, 01:06 AM
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Originally Posted by rapidcossie
Same thing happened ti me last year.

Demon tweeks were advertising the proper stack dashes for 120 quid or something.

I bought one straight away and the cash came of my card.

When it did not arrive I phoned to query.

they said they had reslised their mistake and had guy from the legal dept on hand to speak to me.

He gave me tons of reasons to why they can do what they like with prices etc but they dont have to stand to them.
Pretty out of order that you had to contact them about it!

I think any trader should be kissing the arse of the customer they've just fannied about.... maybe a bit much to ask them to follow through with their mistake if the misprint was a mile out, but some kind of discount or extra freebie is only fair
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