when are companies bound to complete sale?

5 replies
Found 14th Sep 2016
I was just wondering when a company would be bound to make good on a sale in the event of incorrect pricing?

Is it when you purchase, or when you make payment or delivery etc. Thanks

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A retailer is not obliged to sell you anything as far as I am aware . They are within their rights to refuse to sell an item if they choose to .

In stores:
If an item is priced incorrectly on the shelf, or scans at the wrong price at the till, retailers are under no obligation to honour it, under the Sale of Goods Act. They can offer the item at the correct price or refuse your money and withdraw the product from sale.
If a pricing mistake is not noticed and the customer pays for an item at the reduced cost, the purchase is considered a legally binding contract between the retailer and the customer. The shop has no legal right to claw back any money if it later realises there has been an error.
Online:
The situation is not as clear-cut online.
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.
According to Screwfix’s terms and conditions on its website this week, it only accepts orders once it has delivered the goods. It says the processing of a payment and acknowledgement of an order does not constitute a legally binding contract.
As with in-store purchases, once a customer has received their order a retailer generally has no right to claw back any money.
The catch:
One essential element of a contract is an intention to create legal relations. If an item has been very heavily discounted and it is clear that an error has occurred, the trader could say that it was obvious that they had no intention to form a contract at that price.

PulisOut

In stores:If an item is priced incorrectly on the shelf, or scans at the … In stores:If an item is priced incorrectly on the shelf, or scans at the wrong price at the till, retailers are under no obligation to honour it, under the Sale of Goods Act. They can offer the item at the correct price or refuse your money and withdraw the product from sale.If a pricing mistake is not noticed and the customer pays for an item at the reduced cost, the purchase is considered a legally binding contract between the retailer and the customer. The shop has no legal right to claw back any money if it later realises there has been an error.Online:The situation is not as clear-cut online.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.According to Screwfix’s terms and conditions on its website this week, it only accepts orders once it has delivered the goods. It says the processing of a payment and acknowledgement of an order does not constitute a legally binding contract.As with in-store purchases, once a customer has received their order a retailer generally has no right to claw back any money.The catch:One essential element of a contract is an intention to create legal relations. If an item has been very heavily discounted and it is clear that an error has occurred, the trader could say that it was obvious that they had no intention to form a contract at that price.



This web page pretty much says what PulisOut has said:-
If something is advertised at the wrong price

tardytortoise

This web page pretty much says what PulisOut has said:-If something is … This web page pretty much says what PulisOut has said:-If something is advertised at the wrong price



Well I did nick of the Telegraph site :-)

Banned

Every company is different but you need to read their terms & conditions.

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