Price glitch

[littlel87]

On x date let's say 1st Dec I entered a contract with online retailer  for  the following: Trampoline  £89.99 but also purchased in this order Climbing Cube and slide priced at the time £0.00.

 

I received confirmation from PayPal of my payment and order and my retailer account went from processing to complete and dispatched.

 

I received a sms to confirm my order had been shipped and gave tracking.

2 days later I received the slide part and courier said the rest would be with another van.

 

I checked the tracking and it says part 10 of 11 was delivered.

 

I thought this would officially count as order acceptance of that price after they should have had checked for error's and it been caught before dispatch.

 

There were Notifications on my accounts and it updated to show receipt of the payment of £89.99 for the total order of Climbing Cube and slide and Trampoline.

they missed it at this point and accepted the £0.00 for the Climbing Cube and slide.

They then agreed again 

Then again when they didn't cancel and dispatched it and we received it.. I think...

 

I did not receive any correspondence prior to receiving the slide despite them stating they sent a email on the  "2nd" stating that they were holding my order of both items as I was not charged for the Climbing Cube  However this was processed and marked as complete and dispatched along side the Trampoline. Was paid for and the contract was complete upon despatch of the order part of which has been received and signed for. It was already completed despite the email saying they were holding it.

 

I'm guessing they have now cancelled/held the rest at the depo including the trampoline that they deem I have paid for along side the other parts of the item they deem I haven't.

 

As we have received part of the item the contract has been formed from my limited understanding... I'm trying to work out if the company have to honour it...

 

I keep flicking backwards and forwards from yes they might and I'm not sure lol especially due to the way their terms and conditions are worded. 

 

To cancel the order after pieces have been shipped and received seems against their own terms and conditions  which states after payment and dispatch the contract is agreed and binding.

 

They accepted the order's as contract the moment they dispatched it. i think...so in holding it they may have broken their own Terms & Conditions?  

"The contract between us" 
States "We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send the goods to you. Our acceptance of your order brings into existence a legally binding contract between us"

 

Therefore once they dispatched it I think we entered a contract for the agreed accepted order amount...

 

Their terms also state "We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only"

 

They accepted the order and did not cancel it before it was dispatched,  tracking was given and a part was received. Therefore should it be taken that they accepted this sale agreement/contract? 

 

Their terms also state "The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. 

 

Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid"

 

But they did not send this offer prior dispatching and us receiving part of the order and if they did it was already too late because it got dispatched anyway or had already been? Who knows... 

 

Their terms: 10.4  also state" You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction." 

 

so we now own that slide but it was sold as a package, as part of a climbing frame set so we should technically own the rest they are holding... maybe... Ahhh This has gotten complicated!

 

Their terms also say 
" 12) Acknowledgement and acceptance of your order"

State " An acceptance of your order will take place on despatch of the good(s) ordered."

 

The good were dispatched the slide is proof of this? To me that pretty much supports what I have  said about dispatch being a sign of agreement.

 

This is where I don't know if they have properly backed themselves up or not?

 

They state in their terms and conditions "14) Cancellation by us"  under "14.1 We reserve the right to cancel the contract between us if:" and "14.1.3 " that " if one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers"  However this  seems to more indicate about cancelling before it'd got to the stage it has with us

 

I am wondering if there are any consumer law protection or anything to help me 

 

As this part contradicts the part about the contract being made and agreed once the items have been dispatched and we become owners once we accept delivery...

 

Hope I haven't completely lost you... I tried to explain the best I could

 

[dx100uk]

how long has the received item been in your possession, what date did it arrive

[littlel87]

Very recently a couple of days 

[dx100uk]

cancel the whole order then.

 

Consumer right to cancel | MyLawyer

WWW.MYLAWYER.CO.UK

 

[littlel87]

Sorry I don't think I've been clear....

 

I want them to send me the rest and honor the glitch 

[dx100uk]

not sure you can do that.

 

but have a read of a recent thread

 

see where you think you stand

 

the same principle i think applies?

 

dx

 

[BazzaS]

It depends!

was the £0.00 a separate deal (in which case, no contract has been formed for those items, for “lack of consideration”),

 

or was there one order / one contract for all of the items, “all three” in one?

 

So, was the £89.99 accepted as an order for the trampoline alone, or the total cost for one single order of all 3 items?

Edited December 17, 2022 by BazzaS

[BankFodder]

A contract is an exchange of value.

You have given nothing in return for the promise of the missing item. It's very clear by any reasonable measure that the 0.0 price on the website was an error.

It is an unenforceable promise