Mistake in contract price

13
Found 28th Dec 2009
Hi -

I've found what seems to be a mistake in the cost of a contract, on a popular mobile phone site and was wondering where I stand legally on the matter.

The site shows the monthly cost of the contract without any discount, then shows that cashback can be claimed back over a certain amount of months, and then gives the monthly cost after cashback. However, the monthly cost after cashback is clearly wrong (unless there is a mistake in the cashback advertised).

If I take out this contract, would they be bound to give it to me at this price?

Thanks

13 Comments

based just on what you said in your OP, yes. However I suspect that the site and contract T&Cs will depict otherwise. Read through the T&Cs on the website.

What you may find is that the monthly tariff and the discount will be the amounts stated in the actual printed contract, and not the effective monthly tariff pricing error stated on the website.

Supermod

There is not a yes or no to this question, at present.

You will need to show that you were induced in to the contract by this point.

Original Poster

StevenA2000_uk;7348761

based just on what you said in your OP, yes. However I suspect that the … based just on what you said in your OP, yes. However I suspect that the site and contract T&Cs will depict otherwise. Read through the T&Cs on the website. What you may find is that the monthly tariff and the discount will be the amounts stated in the actual printed contract, and not the effective monthly tariff pricing error stated on the website.


The site is mobiles.co.uk - I can't find the terms and conditions on the website?

Original Poster

magicjay1986;7348770

There is not a yes or no to this question, at present. You will need to … There is not a yes or no to this question, at present. You will need to show that you were induced in to the contract by this point.


Please could you explain what you mean. I would only take out the contract if it were at the mistaken price to be honest..

shyam;7348814

The site is mobiles.co.uk - I can't find the terms and conditions on the … The site is mobiles.co.uk - I can't find the terms and conditions on the website?



Thanks. The T&Cs can be found here

mobiles.co.uk/t_a…tml

shyam;7348814

The site is mobiles.co.uk - I can't find the terms and conditions on the … The site is mobiles.co.uk - I can't find the terms and conditions on the website?



T&C's are here : :thumbsup:

mobiles.co.uk/whi…pdf

Original Poster

Thanks for the links. The only thing I can find related to errors is this? But I'm still not sure where I stand!

PRICE OF EQUIPMENT2.1. Subject to Clause Error! Reference source not … PRICE OF EQUIPMENT2.1. Subject to Clause Error! Reference source not found., the price of the Equipment shall be our quoted price (which we can change inthe case of an error) or, where no price has been quoted (or a quoted price is no longer valid), the price listed in our published price listcurrent at the date we accept your order. For the avoidance of doubt, the date that we accept your order shall be the date that theEquipment is paid for.2.2. The cost (if any) of fitting the Equipment is only included in the price if the written quotation or invoice specifically states that this isthe case

Supermod

shyam;7348818

Please could you explain what you mean. I would only take out the … Please could you explain what you mean. I would only take out the contract if it were at the mistaken price to be honest..



...well, you are aware that there is a mistake in the price and now you still want to contract so to be honest you shouldnt enter in to it.

You would need to prove that the reason you entered in to the contract was because the (incorrect) terms were appealing to you. If it is only a small amount of money that they are offering you then I doubt any legal action etc would be taken by either party. If it did happen there would be loads of issues that you would consider and to be honest, from the limited information you have given me, it would not go in your favour. Couple of reasons:

1. Their T&C's probably cater for it
2. You had the choice to contract elsewhere
3. You imagine that this deal shouldnt actually be available but you still want to contract

It could also be an issue of who is trying to take advantage of who. Are you trying to take advantage knowing full well that the terms are incorrect or are they trying to take advantage of you by offering attractive terms that they have no intention of honouring?

I hope that is clearer.

shyam;7348864

Thanks for the links. The only thing I can find related to errors is … Thanks for the links. The only thing I can find related to errors is this? But I'm still not sure where I stand!



You could always return and cancel the contract within the cooling off period if you dont get the error price.

If you bring it to their attention then they will most probably correct the error.

Original Poster

Thanks everyone for the help. It is possible there's a mistake the cashback stated and it's actually more though... I'm just not sure where the mistake is, either in the price after redemption or the cashback amount.

In what case what they be bound to give me the contract at that price? Like if I bought the contract and nothing was said differently..?

Supermod

shyam;7348907

Thanks everyone for the help. It is possible there's a mistake the … Thanks everyone for the help. It is possible there's a mistake the cashback stated and it's actually more though... I'm just not sure where the mistake is, either in the price after redemption or the cashback amount.In what case what they be bound to give me the contract at that price? Like if I bought the contract and nothing was said differently..?



They are not bound to give it to you at any stage until you can prove that you were induced. Read my advice already given.

They can however honour it.

shyam;7348907

Thanks everyone for the help. It is possible there's a mistake the … Thanks everyone for the help. It is possible there's a mistake the cashback stated and it's actually more though... I'm just not sure where the mistake is, either in the price after redemption or the cashback amount.In what case what they be bound to give me the contract at that price? Like if I bought the contract and nothing was said differently..?



They arent bound by it. However you should use the cooling off period to confirm the tarrif and cashback and that you are happy with the package. If not then you can return it without penalty.

Original Poster

StevenA2000_uk;7349014

They arent bound by it. However you should use the cooling off period to … They arent bound by it. However you should use the cooling off period to confirm the tarrif and cashback and that you are happy with the package. If not then you can return it without penalty.:)


Okay thanks.
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