Legal issues - Online Price Mistakes

heggie

Hi, not quite sure where to put this but.. if a website is selling an Item for 0.00 euro (as a mistake) , and shipping for say 10 euro, if a person orders and gets a order confirmation (receipt basically) is that legally binding ? or is it only when the money is actually charged to your card (eg the shipping) ? or neither ? thanks for the advice

homerzero

niether , the company can withdraw it on the other hand if they ship it , it's yours

heggie

ok thanks

ChipZilla

The terms and conditions on most sites usually say E&OE (errors and omissions excepted), so unless they've actually taken the money off your credit card they don't have to honour the price (invitation to treat, I think it's called). Some will still sell the goods at the advertised (wrong) price as a goodwill gesture but that's very very rare and totally at their discretion...

subway_ie

Well, this probably isn't the situation, but I'd have thought that once you get the "order confirmation" with a receipt, that your order/sale is, well, confirmed?

ChipZilla

The deal is only done after money has changed hands or your card has been debited.

subway_ie

But alot of companies debit your card immediately (usually the less reputable ones, which means that it's doubtful they'll actually give you the goods at that price as a "goodwill gesture").

ChipZilla

Originally posted by subway_ie
But alot of companies debit your card immediately (usually the less reputable ones, which means that it's doubtful they'll actually give you the goods at that price as a "goodwill gesture").

Well then you'd have to talk to your CC company or a solicitor...

Care to name any of these "less reputable" companies?

Duffman

If the website is British, Irish, Australian or Canadian there is no contract when a mistake like this is made.. Not sure about other countries tbh but it probably the same situation..

oneweb

One website in particular *Koff* *Koff*, ahem, stated that a product was "obviously" priced incorrectly and that people who ordered it were intent on taking advantage of the mistake, essentially branding them thieves. Needless to say, they didn't fulfil the orders.

Sony Europe had a not-so obvious pricing error and refused to honour those orders.

Viking Direct had the UK price of a scanner stated in €uro - they honoured that order and only altered it a good while later.

It really depends on the company in question. The European Consumer Advice Centre were really helpful (and free ) with such a case I had but unfortunately it's very difficult to force a company to give you those goods as the result of a pricing error - and pretty much impossible outside of Europe.

The fine print (Errors & Ommissions Excluded) usually tries to waive any responsibility but it's sometimes worth chasing - within reason. In other words you won't get anywhere if it's €0.00. Paying for shipping alone is not the same as paying for the product.

E&OE

heggie

thanks for the replies

KdjaCL

Best Thread ever

its abit long but every legal aspect is covered in here. Best thread ever on boards


kdjac

Pacifico

Anyone remember this ?

Great fun had by all