Order/misprice help please - HotUKDeals
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Order/misprice help please

maddie_moo Avatar
5y, 10m agoPosted 5 years, 10 months ago
If a website has made a pricing mistake but have sent you an e-mail saying they have disptached your items at that price, can they then cancel the order?? I thought that once it was dispatched then it was yours?

Thanks for any help
maddie_moo Avatar
5y, 10m agoPosted 5 years, 10 months ago
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#1
If it has been despatched then they can't cancel it as it's already left them. Only if they realise before sending can they cancel.

They are not going to be able to get the item back after it has been sent.
banned#2
an email and you receiving it are to different things.

Has the money actually been taken from your account or is it in limbo pended payment.
#3
If the item has actually been dispatched then no, they can't cancel. However, if they have only sent the e-mail and the item is still sitting in their warehouse, then they can cancel.....
#4
I had an e-mail at 6am saying the order had been dispatched and then another at 11 saying the order had been cancelled.
They don't need to take money from me as they mispriced it to 0.00, I know of others who have recieved an item or two so was kind of hoping I would be one of the lucky ones lol x
#5
what was the website and what was the item?
#6
maddie_moo
I had an e-mail at 6am saying the order had been dispatched and then another at 11 saying the order had been cancelled.
They don't need to take money from me as they mispriced it to 0.00, I know of others who have recieved an item or two so was kind of hoping I would be one of the lucky ones lol x


mind me asking what the misprice was?
#7
Tesco, 2 secs ill find a link
#8
maddie_moo
I had an e-mail at 6am saying the order had been dispatched and then another at 11 saying the order had been cancelled.They don't need to take money from me as they mispriced it to 0.00, I know of others who have recieved an item or two so was kind of hoping I would be one of the lucky ones lol x

I would ask consumers direct, I thought once dispatch was given, it was agreeing to the price based on online trading. Maybe wrong.
#9
this (and I know of two others who have recieved them today)
http://direct.tesco.com/q/R.100-3823.aspx

and a car seat, can't find that now
#10
Adam2050
maddie_moo
I had an e-mail at 6am saying the order had been dispatched and then another at 11 saying the order had been cancelled.They don't need to take money from me as they mispriced it to 0.00, I know of others who have recieved an item or two so was kind of hoping I would be one of the lucky ones lol x


I would ask consumers direct, I thought once dispatch was given, it was agreeing to the price based on online trading. Maybe wrong.


Thank you, thats what I thought too.
#11
did you order just the 1?
#12
ham82
did you order just the 1?


yes, one of each - and toys too but they had already been cancelled by the time I got the dispatch e-mail for these two (same order)
#13
looks like they have sent an email claiming its been despatched,but it hasnt actually been sent-not sure of the legal position here. If they had ACTUALLY despatched it,then they cant cancel but this sounds like some kind of auto generated email
#14
It says here -
http://www.tesco.com/termsandconditions/termsconditionsents.htm

Prices

The prices payable for the items that you order are clearly set out in the web site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are expressed inclusive of any VAT payable unless otherwise stated. The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed in the 'Help' section of the web site. Where items are ordered pre-release, an estimated retail price will be given, in which case the price charged may be different, as the order may have been placed as much as three months prior to release. Please note that online prices may vary from those in store.
#15
maddie_moo
It says here -[url=http%3A%2F%2Fwww.tesco.com%2Ftermsandconditions%2Ftermsconditionsents.htm]
http://www.tesco.com/termsandconditions/termsconditionsents.htm[/url]

Prices

The prices payable for the items that you order are clearly set out in the web site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are expressed inclusive of any VAT payable unless otherwise stated. The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed in the 'Help' section of the web site. Where items are ordered pre-release, an estimated retail price will be given, in which case the price charged may be different, as the order may have been placed as much as three months prior to release. Please note that online prices may vary from those in store.


email to complain and state that
#16
will do, thanks for all the help - fingers crossed!
#17
It also states -
Acceptance

There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us, and you will be charged for the goods

I have e-mailed and will update when I get a reply. Feel a bit cheeky really but it was tesco's mistake, not mine.
1 Like #18
An automated email confirming dispatch and the item actually being sent are 2 different things.

An email confirming dispatch means nothing if they have not dispatched the item.

The seller can cancel the transaction at any upto the point of dispatch with a 3rd party courier.

It has also been known for TESCO (groceries) to cancel a transaction after the item has been dispatched from warehouse / local store while your goods are on "their" van. As the items had not left the possession of TESCO, they are able to cancel the order.

There was a wine misprice a bit ago for something like £0.50p for a bottle of £8 wine. few people ordered it and then TESCO caught on and cancelled the items when they were on the van getting the driver to remove the items from the shopping and crossing off the item on the bill with a revised invoice excluding the amount.
#19
I dont think you can complain about a misprice for something valued at £0.00 --

If it was a fiver... fair enough... but not free..
#20
The terms and conditions are a little ambiguous, are they not? But it does seem to say that they have to notify you that the price is wrong before they have dispatched the item, which they didn't do. However an email saying they they have dispatched the item may not actually mean that they have finished dispatcching the item from their depot. It may depend on the status of the dispatch at the time of cancellation. Their email to you does leave them open to a claim though.
#21
patience_1
The terms and conditions are a little ambiguous, are they not?
They seem clear to me. They have to notify the OP before the item is dispatched. As Rick T correctly pointed out, a e-mail confirming dispatch is not the same thing as the item actually being dispatched. If the item had actually been dispatched then it will subsequently turn up on the OP's doorstep. If it doesn't turn up then it hasn't been dispatched, and as such Tesco have legitimately canceled the order.

There is a further point that no one seems to have picked up on. The item was 'mispriced' at 0.00. In other words, the OP is wanting to Tesco to send something out for free. There is no legal binding contract in such circumstances because there is no consideration on the part of the OP. So unfortunately attempting to claim some sort of breach of contract here is not going to work in any event, because by virtue of the item being mispriced at 0.00 there cannot be a legally binding contract in any event.
#22
Often dispatched emails mean its been processed and prepared for the courier to collect from the pick up bay that day, but not yet collected.
#23
What are you guys on about Dispatched is a different word from 'Delivered' or 'collected', legally how can the say 'dispatched' is 'when we get it out on our van' Dispatched is dispatched, they state dispatched if it wasn't free I don't think they would have a leg to stand on.
#24
Adam2050
What are you guys on about Dispatched is a different word from 'Delivered' or 'collected', legally how can the say 'dispatched' is 'when we get it out on our van' Dispatched is dispatched, they state dispatched if it wasn't free I don't think they would have a leg to stand on.
Dispatched is indeed different from delivered or collected. But saying that something is dispatched is very different from it actually being dispatched. An item is dispatched when it leaves the control of the seller. It will then be delivered in due course. If Tesco have retained the item in this case and the OP does not receive it then it has never been dispatched, irrespective of what a particular e-mail said.
#25
Dispatched is usually held to be when it leaves the factory/ depot gates.

I think the terms and conditions are ambiguous. Why would they notify the customer that the price was wrong, declare themselves not liable under the contract and then continue to dispatch it?

I think the delivery charge would be consideration.
#26
Crazy Jamie
Adam2050
What are you guys on about Dispatched is a different word from 'Delivered' or 'collected', legally how can the say 'dispatched' is 'when we get it out on our van' Dispatched is dispatched, they state dispatched if it wasn't free I don't think they would have a leg to stand on.
Dispatched is indeed different from delivered or collected. But saying that something is dispatched is very different from it actually being dispatched. An item is dispatched when it leaves the control of the seller. It will then be delivered in due course. If Tesco have retained the item in this case and the OP does not receive it then it has never been dispatched, irrespective of what a particular e-mail said.

Rubbish from there own T&C which they are meant to abide by.

If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned.

Dispatch email came in first, they have dispatched as far as any legal terms are bound. Amazon did a similar thing with the xbox's but the other way round, so quickly charged us, after they had cancelled. I would be interested to see what consumer direct says.

It doesn't state anything about retaining items or control or physically dispatching.


Edited By: Adam2050 on Jan 18, 2011 16:31
#27
patience_1

I think the terms and conditions are ambiguous. Why would they notify the customer that the price was wrong, declare themselves not liable under the contract and then continue to dispatch it?
They wouldn't; that's the whole point. The item is 'dispatched' under the contract when it physically leaves Tesco's control, not when the customer is notified that the item is dispatched. The distinction is important because the customer could potentially be notified that an item has dispatched before it actually has been dispatched. Tesco lose the right to rescind when the item is actually dispatched, which leads to the potential for this scenario where the contract is rescinded before the item is dispatched, but after the notification has been sent out.

I think the delivery charge would be consideration.
Is there a delivery charge? The OP makes no mention of one. I took it that there wasn't one because the OP stated that Tesco didn't need to take any money.

Adam2050
Dispatch email came in first, they have dispatched as far as any legal terms are bound.
Why would you assume that? The T&Cs, as you have quoted, state that they must notify before the item is dispatched, not before they notify of the dispatch. The two are clearly separate things, as is demonstrated here because notification was given without the item actually being dispatched. If Tesco had to notify before the notification of dispatch was sent, the terms and conditions would say that. But they don't say that. They say that notification must be given before the item is dispatched. Therefore in situations such as this where a notification e-mail has been sent out but the item has not (for whatever reason) been dispatched, liability does not bite until the item has physically been dispatched. It really is that simple.

It doesn't state anything about retaining items or control or physically dispatching.
Control was just included my definition of dispatching. You say that it doesn't say anything about physically dispatching, but that is exactly what it means because that is the obvious meaning of 'we dispatch the item'. If I agree to buy something off you through the FS/FT section you effectively agree to send me an item when I pay. If I send you a message saying that I have paid, does that mean that I have paid? No, it doesn't. I have paid when I have physically paid, because that is what 'paying' someone means. Not notifying them of payment; actually physically paying them. Same situation here. Tesco doesn't have to put 'physically' in front of every verb, because it is simply not needed. 'Dispatching' an item is physically dispatching it, not notifying someone that you have done so. If they didn't physically dispatch the item, they can still avoid liability, as they have done.



Edited By: Crazy Jamie on Jan 18, 2011 18:46: .
[mod]#28
The biggest issue you have here is "consideration". This is an integral part of a contract.

What you would need to consider here is how the issue would play out in court considering that Tesco will no doubt argue "intention". That is to say that they intended to contract but they did not intend to contract at the price (or lack thereof). I do think that on the face of it Tesco are currently in breach of contract as they ought to have more control over this issue.

I am not convinced that the despatch email will be automated. The acceptance email will however be automated.

Tesco have been careless in allowing this order to be processed but I am about 85% sure that (on the facts as presented) a Judge would certainly find in Tescos favour as you have provided no consideration whatsoever. You have given nothing of value. Consideration doesn't even have to be financial.
#29
Ok, if there was no delivery charge, I agree, you would be pushed to find any consideration......no consideration, no contract, no remedy. Sorry OP.
#30
magicjay1986
I do think that on the face of it Tesco are currently in breach of contract as they ought to have more control over this issue.
Whilst this is something of a side point because the consideration aspect is key in any event, do you really think that they are in breach of contract for not having control over an issue? Everyone can agree that a mistake has been made here, but an administrative or other error doesn't automatically constitute a breach of contract. If you hold the view that the dispatch e-mail is an actual dispatch, then fine and I have dealt with that above, but I don't see where a breach could be otherwise. Just a matter curiosity; I'm interested to see where you were coming from with that comment.

Edited By: Crazy Jamie on Jan 18, 2011 23:56
#31
A judge would definately rule in Tescos favour for several reaqsons....

It is an OBVIOUS pricing mistake which you have plainly agreed was a mistake.
Legally a purchase/sale has not been agreed until payment has been taken..... once payment has been taken then a contract has been formed - not when the order is placed, not when automated emails are sent.

You tried to get something free it didnt pay off this time..... better luck next time but really you didnt lose anything so dont waste more time with it :-)
#32
Well if it doesn't turn up then and you argue that once despatched a contract is made then they will just claim the despatch email was a mistake and you can never prove it was ever despatched.

As people have said you gave it a whirl and it may not pay off. In fact contacting them now may have cost you getting the item as it may have alerted them to it.
[mod]#33
Crazy Jamie
magicjay1986
I do think that on the face of it Tesco are currently in breach of contract as they ought to have more control over this issue.
Whilst this is something of a side point because the consideration aspect is key in any event, do you really think that they are in breach of contract for not having control over an issue? Everyone can agree that a mistake has been made here, but an administrative or other error doesn't automatically constitute a breach of contract. If you hold the view that the dispatch e-mail is an actual dispatch, then fine and I have dealt with that above, but I don't see where a breach could be otherwise. Just a matter curiosity; I'm interested to see where you were coming from with that comment.

I had actually considered that after I posted but I decided to leave it on in case there had been any other form of consideration by way of delivery charge, cost of a voucher or anything similar.

My main point that I was trying to get across was that if there was no consideration then there can be no contract and therefore no breach on the part of Tesco. I appreciate that I had not really made that point clear but that is how it is.
[mod]#34
nivagni
A judge would definately rule in Tescos favour for several reaqsons.... It is an OBVIOUS pricing mistake which you have plainly agreed was a mistake.Legally a purchase/sale has not been agreed until payment has been taken..... once payment has been taken then a contract has been formed - not when the order is placed, not when automated emails are sent.You tried to get something free it didnt pay off this time..... better luck next time but really you didnt lose anything so dont waste more time with it :-)

Most shops Terms and Conditions state that the contract is not legally binding until the item has been despatched and certainly not at the time of taking payment.
#35
What I was trying to say was that legally you cannot argue a contract has been formed until payment has been taken. A shops t&c are just that - the shops.... if they give you better conditions than you are legally entitled to then great...

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