Distance Buying

[Sad sam]

Hi All

I have potentially found goods on sale on line significantly under other sellers prices.

They do say their having a sale, so fingers crossed.

Hence what are the buyer’s rights, in anticipation of; distance selling rights.

I have three emails:

1 Your order has been initiated. You need to finish transaction before the order is placed for processing.

2 Your order from ******** ******** ****** has been successful.

3 Your order has been processed successfully.

I also have an invoice.

 

Under their Terms and Conditions:

The total price payable for goods will be stipulated at the time when you place your order, whether or not the order has been confirmed. We are entitled 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.

They also cover Typographical Errors.

However

They state: You will own the goods once we have received your payment in full.

Hence where do I stand if they try to wriggle out?

Many thanks in advance.

I would just love a little bit of luck!

[Bookworm]

I think their terms are not very clear and in contradiction with one another.

 

Normally, the T&Cs would say that the contract happens on dispatch precisely to cover themselves against mistakes, but in this instance they are saying that ownership passes to you once you have paid in full... (in itself dodgy, what happens if the goods were to go missing from their warehouse?)

 

At any rate, if it is fairly obvious that it is a misprint, if they were to realise their mistake and refuse to send the goods and refund you instead, there's not a lot you could do... Previous cases have gone in favour of the retailer arguing "genuine mistake".

 

This is a case where possession is very much 9/10th of the law. :-|

[gyzmo]

I'd agree. Personally I would not have used them.

 

It's quite probable that the right to vary prices is an unfair term - that is usually used where the price is difficult to fix, such as the price of precious metals where prices often fluctuate. But for goods generally, they are required to provide a fixed price inclusive of all taxes and charges. Some traders have been put on undertakings not to do this