What's the Law ?? - HotUKDeals
We use cookie files to improve site functionality and personalisation. By continuing to use HUKD, you accept our cookie and privacy policy.
Get the HUKD app free at Google Play

Search Error

An error occurred when searching, please try again!

Login / Sign UpSubmit

What's the Law ??

99age99 Avatar
8y, 9m agoPosted 8 years, 9 months ago
I bought a camera on Play.com .
it was reduced.
now they e-mail me and say it was priced too low, their mistake,
Now they wont fill my order.
i cant reply by e-mail as it was a no reply mail address.
If an item is mis-priced / priced too low on the high street i thought they had to honor the price?
I thought the same was true with on-line shopping. Am i wrong ? or are they?

can anyone give advise?

Cheers Age.
Tags:
99age99 Avatar
8y, 9m agoPosted 8 years, 9 months ago
Options

All Comments

(17) Jump to unreadPost a comment
Comments/page:
#1
Yep, you're wrong :thumbsup:
#2
no leg to stand on
banned#3
If they havent taken any money, then there is zero you can do. (Even when they have, most simply refund now anyway. I think thats wrong - but unless you want to risk going to court and losing, its best to just take your custom elsewhere.)
#4
jennie-jack
no leg to stand on


Have you ever tried standing on your own leg? Very difficult :lol:

And with that random comment i'll get my coat :w00t:
#5
Not atall.
There is no requirement as no contract has been made.
In English contract law, for a contract to be made there must be offer and acceptance.
The offer comes from you as the buyer, and the seller accepts or rejects your offer.

Many people think it is the other way around, but it is not.
You, as the buyer, have made an offer and they have rejected it.

Where the confusion comes is that the seller makes "an offer to treat".
There is no obligation whatsoever for them to go through with "an offer to treat" unless they have accepted your money (i.e. if you paid by credit card then if they have put the charge through to your card account). However, most firms don't do this until shipping.

In your case it seems they made an error in their pricing - and noone should expect the seller to fulfill based on an error. Again in the T&C's there will often be a clause referring to Errors and Omissions - and this was an error. Some firms might fulfill if the difference is minor, or if there were only a few orders, or for good customer relations but they have no legal obligation to do this.

Hope that helps.
#7
Legally, if there has been a misprice, they only honour it for customer service, but legaly they can refuse it..
however, if you buy a misprised item from play or any other website such as argos, and if they do send you a confirmation of your order specifiying e.g. sony tv at that specific price, it means that there has been a contract betwen you and play.
even if it is just a simple contract, buying a tv or a camcorder.

so if you have received a confirmation email saying that you have just bought this item, at that specific price then you have the right to have the item, and they should honour it.
but if you havent received a confrimation email, then theres nothing you can do about it.


hope that helped.

Regards,
Dareh
banned#8
This email is only an acknowledgement of receipt of your order which has been passed to our dispatch department to be processed.
This is the email I received
#9
So it's not acceptance of your order - they state it is only an acknowledgment, nothing more.

You may be lucky and they may choose to fulfill it; but this is not acceptance.
#10
At the end of the day, the best advice anybody can take in the case of a misprice is "Move On". We all order misprices on the off chance the company will send the item as a CS exercise. It's a case of some you win, some you lose (just don't lose sleep over it).
#11
Nothing u can do... move on...
#12
Moved to misc forum, as this is not a HUKD issue.
#14
Thank you all for your coments and advise.
Cheers Age.
#15
I previously thought the same as you but when you placed your order you agreed to their T & Cs.
No 24 is [COLOR="Blue"]If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms[/COLOR]
I think it is common practice for companies to include this now.
banned#16
aye but dont think anybody offered at the correct price?
banned#17
Just got this email from consumer direct..

Thank you for your enquiry to Consumer Direct. Your reference number for this case is SE486046 which should be quoted in all further correspondence regarding this case.



Whether, indeed, you had constructed a legally binding contract with the trader will depend on several factors. Firstly, whether the trader sent an email confirming your order or merely an acknowledgement. If your order was confirmed and the monies taken, then it could be argued that a contract was formed. Secondly, I would refer you to the trader’s website terms & conditions, which probably state when a contract is formed and by using the website and placing an order, it will be deemed that you have agreed to these absolutely.
It might also be worth mentioning that if you knew the cameras to be of an exceptionally low price and ordering two might be seen as such, that it would be seen as reasonable that it was quite clear that an obvious mistake has been made. Again I would refer you to the trader’s terms & conditions as to their stance in such circumstances.
Also, any offer of sale is seen in law as an invitation to treat and therefore the trader is not legally bound to sell the goods at the price advertised, or at all.
In conclusion, if after careful consideration of the above, you feel that a legally binding contract exists between yourself and the trader, by cancelling the order the trader only has to put you back in the position you were in as if the contract did not exist.

Ah well

Post a Comment

You don't need an account to leave a comment. Just enter your email address. We'll keep it private.

...OR log in with your social account

...OR comment using your social account

Thanks for your comment! Keep it up!
We just need to have a quick look and it will be live soon.
The community is happy to hear your opinion! Keep contributing!