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    What are my legal rights regarding a misprice?

    ok so there was a misprice on myprotein.co.uk and I got 4 x 5kg bags of protein for £25.20 instead of £139.90. Something went wrong with their price matching software i guess.

    Now I have a receipt quoting the £23.94 , i have been charged £23.94 and this have left my account and the things i ordered arrived yesterday.

    however,

    today they have emailed me saying they want more money ! or they want to come and collect them.

    Now i thought that when they dispatched it, money has left my account and i have recieved the item then thats it, they can't ask for anymore money.

    Can someone please point me in the right direction regarding some legal jargon I can quote saying i dont have to pay them anymore money

    Thanks!

    copy of email below:

    Thank you for placing your recent order with Myprotein.com

    We have identified a discrepancy in the order process that has inflated the value of discount that you have received on the Price Matcher. I’m sure you will have recognised that you received a far higher discount amount than you had anticipated.

    The price match that you had requested would have presented:-

    Order Number
    Order Value
    £139.80

    The incorrect price you received was:-

    Order Number
    Order Value
    £25.20

    Difference to be collected:-

    Amount
    £114.60

    Should you wish to retain the products in this order, I will reduce the amount payable by 10% as a gesture of goodwill. To this effect, a further payment of £103.14 is required and I would be grateful if you could contact me to make payment at your earliest convenience.

    Alternatively, we will arrange to collect the products back from you at a convenient time and location.

    Please accept our apologies for any inconvenience and I look forward to hearing from you in due course.

    Best regards,

    None, everything advertised is "offer for sale" and no contract takes place until money has been exchanged.
    - schizoboy

    Now on bitterwallet - bitterwallet.com/can…510
    - bilalbilal

    103 Comments

    I always thought once they had taken the money,and supplied the product,a contract had been formed and they couldnt do anything about it?

    I was also of the belief stated above, i am sure someone will help you out on here to get some proper information though as i can't be 100% sure

    Original Poster

    barky

    I always thought once they had taken the money,and supplied the product,a … I always thought once they had taken the money,and supplied the product,a contract had been formed and they couldnt do anything about it?



    so did i, any legal jargon to back this up?

    Tell em you've eaten it.

    Tell them to do one, there is nothing they can do by law, me personally would not even respond to them..

    Original Poster

    greg_68

    Tell em you've eaten it.



    lol 20kgs in one day!
    i have actually opened one of the bags though

    Banned

    They must be a fairly small scale operation to chase this up.

    barky

    I always thought once they had taken the money,and supplied the product,a … I always thought once they had taken the money,and supplied the product,a contract had been formed and they couldnt do anything about it?


    asayer

    I was also of the belief stated above, i am sure someone will help you … I was also of the belief stated above, i am sure someone will help you out on here to get some proper information though as i can't be 100% sure



    Same here, I thought that once they had taken payment a contract had been made which they couldnt get out of unless you had acted fraudulently (e.g. used a voucher that was not intended to be used by you)

    I could be wrong though, so wouldnt like to advise. Hope someone could help

    barky

    I always thought once they had taken the money,and supplied the product,a … I always thought once they had taken the money,and supplied the product,a contract had been formed and they couldnt do anything about it?

    asayer

    I was also of the belief stated above, i am sure someone will help you … I was also of the belief stated above, i am sure someone will help you out on here to get some proper information though as i can't be 100% sure



    NOT once they have taken payment-many misprices have ended up refunded when they realise the mistake-this is perfectly legal-they have to actually SUPPLY the goods to form a contract-then there is no comeback.

    That is certainly my understanding of the law(wonder if magicjay is around to give us the facts on this)

    I think they can credit your account with the amount you paid them, then demand the goods back. Or...the contract may be considered as complete, and you may get away with it.

    I think there's a couple of folk on here with consumer law experience, best wait for more replies.

    I agree with barky. The contract is usually formed upon despatch of the goods. Its usually laid out in the terms and conditions, but there don't seem to be any other than disclaimers etc about the goods.
    As for refunding your money then demanding the goods back, i've never heard anything soo ridiculous.
    Just ignore them.


    probably ethically correct to return the products.. But I don't think they can force you to return 'legally'

    I think magicjay knows all the legal mumbo jumbo when it comes to this

    Banned

    If you do keep the product I wouldn't order from them again...

    Original Poster

    deek72

    I agree with barky. The contract is usually formed upon despatch of the … I agree with barky. The contract is usually formed upon despatch of the goods. Its usually laid out in the terms and conditions, but there don't seem to be any other than disclaimers etc about the goods.As for refunding your money then demanding the goods back, i've never heard anything soo ridiculous.Just ignore them.



    yeh i had a look for their terms and conditions and couldn't find anything referring to misprices , contracts etcs

    deals done its all yours far as i understand it 2
    DO NOT RESPOND 2 them

    Once they have taken the money off the card they must supply the goods at that price. Hence they have no leg to stand on.

    Keep an eye on your card statements for the next 90days, they may try to take the difference later.
    Edited by: "SUMMONER" 18th Aug 2010

    SUMMONER

    Once they have taken the money off the card they must supply the goods at … Once they have taken the money off the card they must supply the goods at that price. Hence they have no leg to stand on.Keep an eye on your card statements for the next 90days, they may try to take the difference later.


    Completely wrong. As it happens, they don't have a leg to stand on but its not because they have taken the money. Its because they have despatched the goods. Just look at the terms and conditions on some large retailers sites to see when the contract us formed. In the vast majority of cases its formed when the goods are despatched. They are perfectly entitled to take the money then refund it if the misprice is spotted before they send the goods if that's what they say in their t&c.

    Original Poster

    I reckon they are just trying to pull a fast one and hope I don't ask any questions and pay

    Supermod

    Contract has been fulfilled and you DO NOT have to return the items to them or offer them any further consideration.

    Please let me know if they attempt to recover the items or charge you more money. I can simply do you a letter which you can send to them setting out the position.

    deek72

    Completely wrong.


    That is how the mail order division of my previous employer did it. I would assume that they had that procedure in place for a reason.

    Oh and please differentiate between pre-authorisation and an actual charge. Pre authorisation is where they just check if you have enough cash on the card and the actual charge will happen as the goods are about to leave the warehouse.
    Edited by: "SUMMONER" 18th Aug 2010

    Supermod

    SUMMONER

    Once they have taken the money off the card they must supply the goods at … Once they have taken the money off the card they must supply the goods at that price. Hence they have no leg to stand on.Keep an eye on your card statements for the next 90days, they may try to take the difference later.



    Not true. They could provide a refund and then not send the product. Once they receive the payment and you receive the goods it is at that point that the contract has been completed.

    Any clause which purports to allow the seller an opportunity to come and retrieve the goods wouldn't be enforceable if you were to bring it to court.

    Supermod

    To elaborate on my post above, some online retailers will include a condition to say that the contract is formed when they send out the item and not when they take payment from your card.

    magicjay1986

    Not true. They could provide a refund and then not send the product.



    Wouldn't that be the part were you theoretically drag them before small claims for non-fulfilment of the contract?

    They can't do anything once it's in your possession.
    Anything up until that they can cancel and not supply you the goods.
    But some companies, like Littlewoods have a back up which means they can take back money even if you have the goods, but only if you used a voucher that you are not entitled to use.

    Supermod

    SUMMONER

    Wouldn't that be the part were you theoretically drag them before small … Wouldn't that be the part were you theoretically drag them before small claims for non-fulfilment of the contract?



    No, because there would not be a contract if the seller can prove that they took steps (issuing refund) to ensure that the contract wasn't completed (completed by you gaining physical possession of the item). When you buy an item it is an invitation to treat and not an offer to sell from the seller. Therefore you don't have a contract. The courts can order specific performance if you put an application before it and they felt that it would be reasonable to do so; which is what I think you are getting at.

    Original Poster

    magicjay1986

    Contract has been fulfilled and you DO NOT have to return the items to … Contract has been fulfilled and you DO NOT have to return the items to them or offer them any further consideration. Please let me know if they attempt to recover the items or charge you more money. I can simply do you a letter which you can send to them setting out the position.



    Thank you , will update the thread if they keep on requesting money. Should I ignore them or reply ?

    Supermod

    deeppockets

    Thank you , will update the thread if they keep on requesting money. … Thank you , will update the thread if they keep on requesting money. Should I ignore them or reply ?



    Usually I would say ignore but I am very confident on your position. You have the components of offer, acceptance, intention and consideration. I would say simply tell them that you disagree. If they reply let me know and I will send you an email to forward to them. If you want me to do this let me know asap as from tomorrow 1pm I am away until Tuesday evening.

    blimey, you got a bargain there op.

    magicjay1986

    No, because there would not be a contract if the seller can prove that … No, because there would not be a contract if the seller can prove that they took steps (issuing refund) to ensure that the contract wasn't completed (completed by you gaining physical possession of the item). When you buy an item it is an invitation to treat and not an offer to sell from the seller. Therefore you don't have a contract. The courts can order specific performance if you put an application before it and they felt that it would be reasonable to do so; which is what I think you are getting at.



    I thought the invitation to treat becomes a binding contract the moment payment has been made in full.

    So you are saying that for a sales contract to take effect both sides need to have exchanged money/goods.

    That seems fine for when you shop in person, but somewhat strange for mail order purchases.

    Original Poster

    Thank you for the offer , I will email them tomorrow and let you know what they say as they respond

    Supermod

    SUMMONER

    I thought the invitation to treat becomes a binding contract the moment … I thought the invitation to treat becomes a binding contract the moment payment has been made in full.So you are saying that for a sales contract to take effect both sides need to have exchanged money/goods.That seems fine for when you shop in person, but somewhat strange for mail order purchases.



    Equal bargaining powers for mail order. Retailers can cancel transaction after taking payment by refunding and the consumer has the cooling off period (which isnt always available for financial products). I cannot see what the problem is?

    Equal bargaining powers for mail order. Retailers can cancel transaction … Equal bargaining powers for mail order. Retailers can cancel transaction after taking payment by refunding and the consumer has the cooling off period (which isnt always available for financial products). I cannot see what the problem is?


    The problem is that I have spent the last 10years thinking it was the other way around. oO

    Supermod

    SUMMONER

    The problem is that I have spent the last 10years thinking it was the … The problem is that I have spent the last 10years thinking it was the other way around. oO



    I didn't mean that last sentence so provocatively!! I just meant that I thought that this is a pretty clear topic...!

    Agree with all info about it being a done deal. In a shop once money has been taken, the contract is formed. With internet, and distance selling, the contract is formed once payment has been made AND you have received the product.

    So that you know all the legal jargon to tell them, maybe ring consumer direct. Or reply to email and tell them they are in danger of breaching their contract and suggest that THEY contact consumer direct or similar, who will confirm your response.

    Online retailers who do this IMO are a bit naughty and verging on harassment. Imagine a member of staff come knocking at your door form HMV or somewhere, having taken your details form a credit card or something, telling you that you owe another £3.00 on a CD they mispriced!!

    They have had time to pick up the mistake. At some point at least one human and not a machine will have seen this error. They need to learn from the mistake and take it on the chin!
    Edited by: "silkymolo" 18th Aug 2010

    Banned

    magicjay1986

    I didn't mean that last sentence so provocatively!! I just meant that I … I didn't mean that last sentence so provocatively!! I just meant that I thought that this is a pretty clear topic...!



    Has the point when the contract is formed ever been tested in court? Not for obvious misprices, but for cases where payment was taken then refunded. I'm sure I read a couple of cases where the retailer was taken to court for loss of bargain or something similar and lost?

    Supermod

    colinsunderland

    Has the point when the contract is formed ever been tested in court? Not … Has the point when the contract is formed ever been tested in court? Not for obvious misprices, but for cases where payment was taken then refunded. I'm sure I read a couple of cases where the retailer was taken to court for loss of bargain or something similar and lost?



    I am not completely sure to be honest. I don't know any such cases off the top of my head. If you remember it I would be quite interested to know the name of it to look it up myself.

    Banned

    ill have a look later, see if i can find it, if it even exists lol

    In certain circumstances we may ask you to return the items for which we will refund the postal charges by way of a credit voucher.

    its in the terms so dont know where you stand

    Supermod

    ...also, I am sure that the remedy would be to put the party in their pre-contractual position...which could possibly be a refund.

    I think, but not 100% sure, you would need to put it to a court to order specific performance...
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