Item misprice rights

13
Found 16th Nov 2017
Say you were buying an item for £1000 but you are charged only £900 when you pay. The company delivers the item and then notices the mistake.

Is the company within its legal rights to demand the extra £100 and threaten legal action.

it's purely hypothetical, but last week this happened but I was too scared to complete my order incase I got in trouble somehow. I am now just curious at what your rights would be in this situation, because for example that rocket league deal on here where people got an xbox for £50 was amazing, and once it's delivered I know it can't be undone - but if the displayed price was correct and said £250 but people were only charged £50 .. would there then be a difference because your end of the contract surely is to pay the displayed amount?
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If the invoice you received said £1000, yes. If the invoice said £900, no.

Keep in mind that I am differentiating between a payment received receipt and an actual invoice here.

Unless you pay the outstanding balance of the invoice you need to make the item available for them to collect.
Edited by: "SUMMONER" 16th Nov 2017
I listened to a legal show on the radio that had this sort of question. The general gist was that a company isn't obligated to stand by the misprice, and certainly in your Xbox example I wouldn't expect them to. However, the lawyer went on to say that many companies do allow small one off instances where the misprice isn't huge just to show good customer service.
SUMMONER16 m ago

If the invoice you received said £1000, yes. If the invoice said £900, n …If the invoice you received said £1000, yes. If the invoice said £900, no.Keep in mind that I am differentiating between a payment received receipt and an actual invoice here.Unless you pay the outstanding balance of the invoice you need to make the item available for them to collect.


ah well I guess I shouldn't have said invoice cause it isn't really an invoice

so to keep it as a simple example say I was on argos and an xbox was £300 and I click pay, then I click pay with paypal, then paypal says £150 and I pay the £150 and get redirected back to argos and it says thanks order confirmed .. then the item shows up at my door the next day, do I still owe the rest of the £300 that is unpaid or is my transaction with argos now completed
ostinato12 m ago

I listened to a legal show on the radio that had this sort of question. …I listened to a legal show on the radio that had this sort of question. The general gist was that a company isn't obligated to stand by the misprice, and certainly in your Xbox example I wouldn't expect them to. However, the lawyer went on to say that many companies do allow small one off instances where the misprice isn't huge just to show good customer service.


yer I understand that but that's because in their T&C it states an order isnt accepted until it's dispatched but my question is slightly different in that I am paying less than display but have also received the item so the order is legally accepted
I would imagine strictly speaking that if you've accepted the item then legally they could raise a claim for the rest of the money you would theoretically owe them. Whether it's actually worth it to them is another matter entirely although I would expect that the letter of the law would rule on the company's side if it was a genuine error.
murtgurge31 m ago

ah well I guess I shouldn't have said invoice cause it isn't really an …ah well I guess I shouldn't have said invoice cause it isn't really an invoiceso to keep it as a simple example say I was on argos and an xbox was £300 and I click pay, then I click pay with paypal, then paypal says £150 and I pay the £150 and get redirected back to argos and it says thanks order confirmed .. then the item shows up at my door the next day, do I still owe the rest of the £300 that is unpaid or is my transaction with argos now completed


Assuming that the Argos e-receipt thingy that 'mud for brains' Argos email you afterwards says £300, you would still owe them another £150 or need to allow them to collect the Xbox again.

If on the other hand it clearly states Xbox for £150, then I would argue that it is yours to keep.
Edited by: "SUMMONER" 16th Nov 2017
murtgurge17 m ago

yer I understand that but that's because in their T&C it states an order …yer I understand that but that's because in their T&C it states an order isnt accepted until it's dispatched but my question is slightly different in that I am paying less than display but have also received the item so the order is legally accepted


I think you are looking at things from too many angles. The whole not accepted until payment is made or the item is delivered is just so that companies can back out of items they have accidentally mispriced (item which they want to sell for £300 is accidentally listed at £30, so they cancel). If the item is listed at £300, but they only take £150 by error, you will still need to pay the remaining £150 if they ask for it and I think I remember reading somewhere that they have a very long amount of time to request the rest of the money. If you decline to pay the rest of the money you have to allow them to pickup the item from you, within reason.
Scroll down a bit in the following to where it says In this guide, then click on consumer rights Q&A. Then click on the appropriate link for your query.

moneysavingexpert.com/sho…nge
Edited by: "LemonHead" 16th Nov 2017
I thought that a contract was formed when a shop accepts payment and delivers (or despatches) the items. If this were not the case, at which point could you reasonably assume that you own the items.

Argos T & C's state. "Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it"

So, unless there was some sort of trickery involved by the customer, then assuming you pay the asking price (and it's unlikely that they would despatch the goods if they hadn't recieved full payment) and you recieve the goods, then that's it. I don't believe there is anything they can do. Of course, they can ask for the money, but that would be asking, not demanding. They could, of course ban you from future purchases if they want to.
Pandamansays20 m ago

I thought that a contract was formed when a shop accepts payment and …I thought that a contract was formed when a shop accepts payment and delivers (or despatches) the items. If this were not the case, at which point could you reasonably assume that you own the items.Argos T & C's state. "Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it"So, unless there was some sort of trickery involved by the customer, then assuming you pay the asking price (and it's unlikely that they would despatch the goods if they hadn't recieved full payment) and you recieve the goods, then that's it. I don't believe there is anything they can do. Of course, they can ask for the money, but that would be asking, not demanding. They could, of course ban you from future purchases if they want to.


Bad advice, they have every right to claim the money, also leading up to court cases.
if the receipt is the value you have paid - yours

if they failed to take the correct value from the payment method but the bill/invoice says the full price, they can ask for the extra.

contract is formed at dispatch, so whatever price is on the dispatch notice/invoice is what you legally need to pay, no more, no less
BarmyBulldog16 h, 5 m ago

Bad advice, they have every right to claim the money, also leading up to …Bad advice, they have every right to claim the money, also leading up to court cases.



I can't accept that this is true.

If so, it begs the question that if you order and pay for something and it is delivered to you, then at what point does it become yours. Clearly, if the retailer can subsequently claim money from you for an item, then that item doesn't belong to you.

I stand by the notion that if you pay for an item and the retailer delivers it (or hands it to you in the case of a shop), then that item becomes yours at that point. No-one can then claim additional money for it as it belongs to you. If the item was a Mars Bar for example, and you hand over 50p and the retailer hands you the Mars Bar, you are free to eat it. There is no need to wait to find out if the retailer has made a mistake.

This is confirmed by the following sources.

telegraph.co.uk/fin…tml

lovemoney.com/gui…ems

michalsons.com/blo…723

forums.moneysavingexpert.com/sho…262

out-law.com/pag…429
As far as i am aware, they would be in their right to correct the mistake as monies are still outstanding on the product. As someone has already said, unless the invoice states £900, you would have to pay the extra £100.

I personally would not mind paying the extra money if they asked for it as that was the price i would have been happy enough to pay any way, so not really an issue.
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