Dispute with retailer

[NORTHERNGUY]

Can anyone advise?

My friend purchased something online today. Its a small retailer, He saw the advertised price on the web (could have bought direct online) but instead spoke to a sales person who set up a area for him to pay online - price difference was £300 discount!

Anyway he made payment and received a email confirmation - and then had a call from the salesperson to say they had made a mistake in the price (should have realised with the price online) and could he pay the difference - he said no - you have sold me the price and I have paid for it, so that should be it

 

The retailer pointed to there terms and conditions and said they have a right to cancel and refund any payments if errors are made.

 

My friend also said he had previously checked with another branch of the same company who had quoted him the correct price - so when he had spoken to the sales guy who made the mistake - he thought his luck was in.

 

Where does he stand with the retailer - even if the retailer has verbally give him a price and he then paid?

[BRIGADIER2JCS]

In these circumstances one cannot legally benefit

from a genuine mistake, so if the retailer made

a court claim for the balance they would almost

certainly win.

As he was told promptly of the error he must pay

if he wants the item.

[NORTHERNGUY]

Thanks my interest is I am a retailer so was interested how he stands - and think he is pushing his luck. Having said that he has now said he called consumer direct/ trading standards who have told him to quote sale of goods act to the retailer.?

[BRIGADIER2JCS]

Thanks my interest is I am a retailer so was interested how he stands - and think he is pushing his luck. Having said that he has now said he called consumer direct/ trading standards who have told him to quote sale of goods act to the retailer.?

I think there is a sectionon this particular situation.

[NORTHERNGUY]

Thanks I have found- interesting.

[queensclose]

you post is very vague on what the goods were and had he received them. yes they do have a chance to cancel the sale if its found that there was a genuine error before you the goods have been despatched

and can even ask for the difference after despatch or return of the goods if its shown that a reasonable person could see that the listing was wrong. by this i mean a £599.99 50in 3d tv selling at £59.99 tv would be seen as a mistake. if it said sale save 90% then its reasonable that the price is correct.

[NORTHERNGUY]

Hi,

 

This was a sofa he was ordering. The goods had not been dispatched. Just paid for - straight away the retailer realised the error and called him.

 

Sofa was advertised for 995.00 on the web and he paid 695.00.

 

I think his point was, the salesperson agreed a price on the telephone ( by all accounts a inexperienced salesperson) even though the website had a higher price. Directed him to a area of there website which allowed adhoc payments - he paid and then received a automated receipt and then a call from the internet sales dept to say this was a price error.

Edited June 27, 2012 by NORTHERNGUY

[BRIGADIER2JCS]

The seller has behaved correctly imo.

[queensclose]

the sale is not complete until the goods are despatched most retailers dont take the money until the goods are despatched. only authorise the payment. its was human error

[NORTHERNGUY]

Thanks folks - to be honest I had my retailers hat on and thought my friend was behaving badly and trying it on. But also wanted to know where everyone stood.

Also forgot to add - the retailer mediately refunded the payment back to his card.