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daearegwr

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  1. It was some furniture. Very pleased with the result as avoided the need to pursue it in court
  2. Update: I wrote to the company pointing out that I understood a contract had come into existence as per their terms and set out the reasons why I didn't believe the misprice to have been an obvious error. They've agreed and will be sending me the item I ordered.
  3. Thanks for the advice. if I wanted to pursue I'd need to purchase the item elsewhere? And then claim the difference? How would I get my original payment back from the retailer?
  4. Thanks for the reply. I understand that's usually the case where the T&Cs say something along the lines of 'contract isn't formed until the items are shipped'. But in my case their T&C are pretty clear on that a contract has been formed as soon as the money has been taken and order confirmed. Having done a bit of reading looks like a small claims court for 'loss of bargain' is the only approach if my initial approach by email fails. But any info is from before the latest consumer regulations came into force so not sure if that changed anything
  5. I purchased an item from [edited] for £3200 during their January sale thinking it was a good deal as the item normally retails for between £5000-6000. Order confirmation received straight away and payment has been taken from my credit card. I’ve now 3 days later had an email from them saying it was a misprice and giving me the chance to either purchase the item at full price £5500 or to cancel the order and receive a full refund. Their T&Cs (I can't post a link as a new member to them) states that a contract is formed once an order is received and payment taken: 3.1 How we will accept your order. Our acceptance of your order will take place when you complete the checkout process and pay for your order, at which point a contract will come into existence between you and us. Another T&C states 7.8 When you own goods. You own a product which is goods once we have received payment in full. They have one T&C covering mispricing which states 15.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we proceed with your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. In my view it wasn’t an obvious and unmistakeable pricing error (for example where they get the decimal point wrong and sell something for £500 instead of £5000). During a January sale I think it’s reasonable items could be heavily discounted. I plan to write to them to state that I consider we have a contract and I want them to uphold their end by supplying the item to me. But if they refuse, what are my options to enforce the contract? small claims court? And what would I realistically be asking for? Obviously I can cancel and get my money back so I'm no worse off, but it means I won’t have the item, and would have to spend more money to secure it elsewhere. Any advice would be a great help.
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