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mispriced item, do they have to honor


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basically while looking through ebay the other day i noticed zavvis ebay outlet had for sale nintendo wii,s for £39.99 [the price had been £45 but they must have realised about half an hour before i bought mine there was a misprice yet still further reduced it to £39.99]

i have 2 children so ordered 2 i had the confirmation email etc,

their t&cs are


Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch he goods to you or commence the services, whichever is the earlier.




they took the money via paypal from my credit card so does this form a legally binding contract to provide them?

24 hours later received this email

Brilliant News! We made an error listing our Wii console for £39.99 but

what a bargain for you!


You may receive a dispatch email for a set of headphones but please ignore

your Wii is on its way


We have been unable to send the red Wii but a Black console is on its way


We hope to dispatch the console as soon as possible and hope for it to be

with you early next week at the latest.


Unfortunately we have had to limit to one per customer

A refund will be processed today


Kind Regards





can they move the goalposts and only provide one when by there own t&cs they have entered into a contract?

they must also adhere to ebays t&cs surely?

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