Website price error where goods were delivered

[jonnyvegas]

Hi

 

I recently found a pricing error on a website £17.99 instead of £400+, and I order two of the items. The T&C's have the standard, order acknowledgement does not infer a contract, but the order confirmation is acceptance of the offer and once they have sent an order confirmation that the Contract is concluded.

 

However their T&C's also state that they are under no obligation to provide the product at an incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by me as a mis-pricing even if they have ALREADY sent an Order Confirmation to me.

 

So I have the order ackowledgement, I have the order confirmation, I have the goods, but now the site (major electronic manufacturer) is stating they want to collect the goods because of the error.

 

Where do I stand?

[Mossycat]

You have to let them collect the goods (at their cost) or pay the correct price

 

Mossy

[jonnyvegas]

So based on this, if I had bought something at £10 and 2 months down the line the site realised they should been selling at £20 they can still come back to you?

 

Surely the contract has been completed and the goods are mine to do as I wish with - whether it's ethical is another matter and something I am aware of. It's the principal I was trying to find out about.

 

If they (the site) had phoned up and said we're really sorry would I look kindly on them blah blah, rather than instantly saying they want to collect them.

[Conniff]

There have been cases gone through the courts that have given the purchaser the good at the price paid because the contract was complete.

 

If the regulations have changed in this then I haven't seen them, but you could google the regulations to see what they say.

[gyzmo]

As far as I know, it's tough on the seller.

 

I cannot find anything in case law, DSRs or E-commerce regs that allow for this.

 

The took the order details, have systems in place, agreed everything and sent them out to you. They had every opportunity to examine the details, and either did not do so or were pretty poor in not doing so.

 

They cannot ask you now for additional money.

[Conniff]

Case law makes it clear that if a buyer understands that a price is a mistake and tries to take advantage of it then they have no right to insist on the offered price being upheld.

 

 

Haven't found the case law yet but looking.

[gyzmo]

Just on that, it applies only to offers. A price is an invitation to treat, and it is the buyer who makes the offer.

 

This differs to the situation posted. the order has been accepted and the contract concluded, yet the seller is seeking to change the terms AFTER that point.

[Conniff]

I think your correct, that is why I am trying to find the case law to see exactly the circumstances.

[gyzmo]

It's really a generalised situation. Can't recall case names of the top of my head, but it is a general principle that terms of a contract cannot be altered once complete simply because one side thinks them unfavourable.

 

There are instances of couse, such as lack of concencus ad idem (yes, my Latin is worse than my English), mistake etc.

 

But with consumers in today's age, its generally accepted that sellers should be competent enough to catch incorrectly priced items. As put by the OP, they cannot come chasing 3 weeks later to get the increase. There is no legislation allowing it.