After general advice about a clearance / mis price deal

10
Posted 13th Sep
Hi All

I recently ordered some trainers from a website... which were originally £60 reduced to £5 - probably a misprice. Fast forward they were dispatched with confirmation sent. However the retailer contacted the courier to stop the delivery.

Is there anything that can be done about this?

Many thanks,
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Once they dispatched the parcel, legally they should honour the order. Depends on their T&C
I don't think they have to fulfil the order if it was a genuine mis-price.
The legally binding contract is complete when a retailer accepts an order. However, acceptance does not necessarily happen at the point of order. Even the confirmation email may not be an acceptance. Some retailers reserve the right to cancel an order up to the point of delivery. It is therefore important to carefully check the retailer’s terms and conditions (which must be available on their website) and emails – if a retailer simply acknowledges an order, there may be no contract at that point.
Remember the John Lewis Sony offer glitch a while back? People were ordering TV, PS4 consoles, soundbars, speakers etc because of a glitch that was massively reducing them only to find that even after they had been dispatched John Lewis put in an order to recall the items even though they were already loaded in to the delivery vans heading towards customers. The thing above about them being legally obliged to honour an order after it has been dispatched simply isn't true in real life. If you've ordered that item and it turns out the price was a mistake then all you can do is contact the retailer and try and convince them to give you some kind of discount on a future order or credit as a goodwill gesture. You can't make them deliver the item unfortunately.
The trader's t&c will confirm the stage at which the contract is made, which is highly unlikely to be after despatch. The t&c may also have a clause about error pricing. Summary: read the trader's t&c to see if there is an error-price clause and if it's reasonable there is not (legally) much you can do, but you may be able to coerce some gesture of goodwill. Assuming it's a UK-based trader: if there is a combination of no error-pricing clause and a stubborn trader then you could consider "loss-of-bargain" or similar Letter Before Action & MCOL, if you can be bothered.
Does that count even if money has moved from your account into the shop's account?

If money has moved, isn't that enough for the shop to fulfill the order??
solid13/09/2019 18:43

If money has moved, isn't that enough for the shop to fulfill the order??


No, money taken rarely forms the contract according to t&cs
Thank you all. The retailer is JD Sports. However Adidas were shipping the goods directly.
Oh well it was worth seeing if something could be done.
MarzBarz13/09/2019 19:09

Thank you all. The retailer is JD Sports. However Adidas were shipping the …Thank you all. The retailer is JD Sports. However Adidas were shipping the goods directly. Oh well it was worth seeing if something could be done.


JD t&c 5.4.2: We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so...may include circumstances where We identify a product or pricing error on the Website...
so unlikely there is any trader liability, unless JD has stated some other reason not to fulfill which may not be applicable.
Your contract is with JD regardless of who is shipping the item.
jdsports.co.uk/cus…ms/
solid13/09/2019 18:43

Does that count even if money has moved from your account into the shop's …Does that count even if money has moved from your account into the shop's account?If money has moved, isn't that enough for the shop to fulfill the order??


If only it were that easy.
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