SOS I bought something for £500 now they said is £700 - HotUKDeals
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SOS I bought something for £500 now they said is £700

andycorleone Avatar
6y, 9m agoPosted 6 years, 9 months ago
Hi, Yesterday I bought a equipment for £500 Today I received a call from the vendor telling me that was a mistake in the WEBSITE and the real price is £700 THEY ALREADY TOOK THE MONEY from my credit card yesterday, What should I do? I can fight this one? I'm also received and order Confirmation email after the order. Thanks
andycorleone Avatar
6y, 9m agoPosted 6 years, 9 months ago
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#1
Cancel the order...................simples :thumbsup:
#2
nothing you can do you either pay the extra or they refund you theve made a mistake it happens
#3
Tell them you are willing to continue with the deal as long as its for £500 or you want a refund and you will take your £500 elsewhere.

Was it an obvious mis-price (i.e. the only place that was selling it at £500) and have they updated their website so the price has changed? They might be trying it on, but then again could well be a genuine mistake.

I don't think you can force them to honour the original price, but a lot of companies will do so as a good will gesture.
#4
jdm
nothing you can do you either pay the extra or they refund you theve made a mistake it happens


Can tell your new!

They shouldnt have taken a different amount to what it was showing on their website/checkout process. They have taken money now so in theory a contract has been made, so they should supply the goods for the price quoted. Did it show £500 when you was checking out?

If you have loads of hassle, just cancel the order, and you know never to order from them again.

What is the company?

**Just re-read the OP. So they only took £500 and are now saying its a mistake?
#5
E & OE; you've probably seen it but never knew what it means. Well you do now; Errors and Omissions Excluded. No obligation by a vendor to honour a mistake.
#6
How much money did they take £500? Once they have taken the money there is nothing the seller can do about it the contract has happened. They can't go back on it as taking the money is an agreement to sell you the goods at that price even if it wasn't the price they intended. Saw a programme all about it a few months ago called don't get screwed.
#7
Little Munchkin
How much money did they take £500? Once they have taken the money there is nothing the seller can do about it the contract has happened. They can't go back on it as taking the money is an agreement to sell you the goods at that price even if it wasn't the price they intended. Saw a programme all about it a few months ago called don't get screwed.


:thumbsup:
#8
If you're willing to take the time, expense and risk of taking them to court then go for it, you might win, you might not.

I'd just give them a load of stick and see if they'll do it to keep their customers happy.

If not cancel.
#9
Thats what i thought, if the money has been taken out surely it means the transaction has been done. I would get some advice off someone who knows what they are talking about.

Consumeractiongroup.co.uk
#10
money has been taken tuff for them the contract has been enterd in to they must send the good if they notice before check out they can remove item from sale but once the money has been exchanged the contract is compleet ejoy you £200 saving

am sure they will put up a fight but the law is on your side
banned#11
Even though they have taken the money you cant make them send it

the resolution is they refund your money, online catalogues do this all the time (which is why i wont deal with shop direct/littlewoods)
#12
Them taking the money does not mean a contract has been formed.

Some websites say that only when the goods have been despatched has the contract been formed. You need to check the T&C of the particular place you got it from.
#13
one call is all you need.

http://www.consumerdirect.gov.uk/
#14
If you have inadvertently mispriced a good or service, in some circumstances you may be able to withdraw the item from sale. If you experience this problem, you must carefully consider all aspects of the offer. You must consider whether withdrawing an item from sale rather than honouring the price that you have offered it for is likely to give rise to claims that you have engaged in misleading or deceptive conduct.

Honest mistakes
If civil proceedings were instigated, the ACCC would take into account an honest mistake or reasonable reliance or assurance provided by suppliers in deciding what enforcement activity it would take against a business. However, competitors or other interested parties may be able to take action where you have misrepresented the price, albeit inadvertently.
#15
#16
Babbabooey


Some websites say that only when the goods have been despatched has the contract been formed. You need to check the T&C of the particular place you got it from.


Their terms and conditions are irrelevant. The law is what matters.
[mod]#17
Have they ACTUALLY taken the money?
[mod]#18
Babbabooey
Them taking the money does not mean a contract has been formed.

Some websites say that only when the goods have been despatched has the contract been formed. You need to check the T&C of the particular place you got it from.


Incorrect.

Offer + acceptance + consideration = contract

There HAS to be consideration however.
#19
thesaint
Their terms and conditions are irrelevant. The law is what matters.


magicjay1986
Incorrect.

Offer + acceptance + consideration = contract

There HAS to be consideration however.


You should tell that to all the websites that state it then, not me.
#20
Babbabooey
You should tell that to all the websites that state it then, not me.


They are allowed to state it. They know it's incorrect, but legally there is nothing to stop them from putting whatever they wish in them.

So the only other thing left to do is educate those that actually believe that the T&C's are legally binding no matter if they are contrary to their statutory rights or not.
[mod]#21
Babbabooey
You should tell that to all the websites that state it then, not me.


I will tell them when it comes down to it actually involving me. In the meantime I am educating you and others who may believe what you have posted.
#22
thesaint
Their terms and conditions are irrelevant. The law is what matters.

thesaint
They are allowed to state it. They know it's incorrect, but legally there is nothing to stop them from putting whatever they wish in them.

So the only other thing left to do is educate those that actually believe that the T&C's are legally binding no matter if they are contrary to their statutory rights or not.


So are you saying that misprices have to be honoured by law, irrespective of a buyer being deemed to have accepted the T&C when making a purchase? If that's what you're saying, then have you any idea how many people here have managed to get goods at the lower 'misprice' in the event of a dispute? I doubt it's many, if any at all.
Also, if that is what you are saying, would you be kind enough to show us where in law it says that companies have to honour misprices?

I actually think that the law differs in regard to distance selling. If you walk into a shop and buy a tv with a £500 price tag on it, then the contract is made when you pay the money and walk out of the shop with the tv. They can't chase you down the street saying 'we've not charged you enough'. They offered it at £500, you paid £500 and they accepted it and gave you the tv. If the ticket said £5 and you offered £5 then they don't have to sell it to you do they?
But where is the point when a contract is made when dealing with an online retailer? Most of them say in their T&C that the contract is finalised when they actually despatch the order to you (which is roughly the same point where they hand you the tv in the shop).
Where in law does it say different?
#23
miles136
money has been taken tuff for them the contract has been enterd in to they must send the good if they notice before check out they can remove item from sale but once the money has been exchanged the contract is compleet ejoy you £200 saving

am sure they will put up a fight but the law is on your side


Show us miles.
[mod]#24
deek72
So are you saying that misprices have to be honoured by law, irrespective of a buyer being deemed to have accepted the T&C when making a purchase? If that's what you're saying, then have you any idea how many people here have managed to get goods at the lower 'misprice' in the event of a dispute? I doubt it's many, if any at all.
Also, if that is what you are saying, would you be kind enough to show us where in law it says that companies have to honour misprices?

I actually think that the law differs in regard to distance selling. If you walk into a shop and buy a tv with a £500 price tag on it, then the contract is made when you pay the money and walk out of the shop with the tv. They can't chase you down the street saying 'we've not charged you enough'. They offered it at £500, you paid £500 and they accepted it and gave you the tv. If the ticket said £5 and you offered £5 then they don't have to sell it to you do they?
But where is the point when a contract is made when dealing with an online retailer? Most of them say in their T&C that the contract is finalised when they actually despatch the order to you (which is roughly the same point where they hand you the tv in the shop).
Where in law does it say different?


It might be contained in the Distance Selling Regulations but do not quote me.

The key elements of a contract are: offer + acceptance + consideration = contract.

You are right. They do not have to honour price as items are based on an invitation to treat (you making an offer) as opposed to the items being for sale. They lawfully do not have to sell it to you.

I will check tomorrow about the online selling regulations but under the Unfair Contract Terms Act they, I believe, cannot alter the law as entering such a clause would be very unfair.
#25
Did anything get found out?

I'm in a similar boat today. Ordered something for £400 even called to check price. They took the money yesterday and today called to say sorry we made a mistake with online price and have now corrected the price. If you want it still you have to pay £150 more!

Called trading standards who said I'm right, they took the money so the contract is now complete but don't know how to deal with the company over this myself. I need the item, I have someone booked next week to fit it.
#26
wantthatone
Did anything get found out?

I'm in a similar boat today. Ordered something for £400 even called to check price. They took the money yesterday and today called to say sorry we made a mistake with online price and have now corrected the price. If you want it still you have to pay £150 more!

Called trading standards who said I'm right, they took the money so the contract is now complete but don't know how to deal with the company over this myself. I need the item, I have someone booked next week to fit it.


say you have contacted trading standards and say that they are breaking the agreement, the money has been taken and they now have to send it. Also threaten them with legal action, just depends how far you and them are willing to go

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