Must retailer honour price if product is mispriced?

Jonathan

As in title really.

I'm after finding this laptop on komplett for €399. This laptop has a retail value in excess of €2000. An error obviously as this laptop has since been pulled from the komplett website!!

I ordered it and komplett have sent out confirmation that the order has been accepted and confirmed blah blah.

The only issue is that the Laptop is out of stock and only 1 item is due back in stock on the 27th of July.

What I'm wondering is... can komplett email me in a while if they notice their error and cancel my order? Legally do I have any ground to stand on or is it just goodwill if they honour it?
And also if more than one person has ordered this good (only one item is due back in stock), am I entitled to anything if they cannot restock the good?

Thanks

arrianalexander

if they have accept the order i don't think they can go back on it.. have they taken the money for it.. if they had not confirmed order and said the pricing was wrong they would be legally right to do so. but if they have taken the money and confirmed the order to me that is a legal binding contract.

Jonathan

arrianalexander wrote:

if they have accept the order i don't think they can go back on it.. have they taken the money for it.. if they had not confirmed order and said the pricing was wrong they would be legally right to do so. but if they have taken the money and confirmed the order to me that is a legal binding contract.

I dont know if they have taken money. It ususally doesn't show up on Open24 for about 4 days (bought on visa).

SKU Description
Qty Price Total 336842 Sony VAIO FZ11Z 15.4" WXGA
T7300 2.0Ghz 200GB 2048MB Vista HP

• 1 pcs estimated shipping on 2007-07-23

Confirmed 1.00 399.00 399.00 Items: 399.00 Delivery: 12.00 Total: 411.00 Of which VAT: 71.33

EDIT: Sorry, didnt realise boards doesnt keep original formatting.

Random

Call up your credit card company and they should be able to confirm if the transaction has gone through. In my experience komplett reserve the funds on your card until the item ships and don't actually take it.

sdanseo

That transaction, as far as I know, constitutes a contract (I'm 99% on that). To the best of my knowledge they now must supply you that good at the specified price, or you will be entitled to claim. Whether the CC company have debited the money is irrevelavnt - that informaion (above as supplied by you) is a written contract.

If it does come to that, €2000 i the small claims court limit. Unlike mispricing where they aren't obliged to sell at a misadvertised price (but face a fine), here they've completed a transaction and so must honour it.

rgfuller

Have you read the T&C's on the website: it states "Our order confirmation does not constitute a contract. It is merely a confirmation that we have received your "request to purchase". The contract is the Invoice which is issued when we finalize the sale and physically remove the funds from the customer's credit card. "

This means they will not honour your order and do not have to do so.

jor el

Just because they say it's not a contract, doesn't mean it isn't one. Only someone well versed in consumer law will be able to tell you if their T&Cs are legal or not, it may be the case that they can't actually enforce those conditions if you decide to contest them.

rgfuller

If you google it you will see that wording like that has been used by many companies (e.g. Argos) to defend against mispriced forced selling.

See page 5 of this document : http://www.williamfry.ie/files/indexfile.asp?id=283

It's a Term and Condition you must comply with to do business with the online retailer.

Hagar

Personally I wouldn't have gone public with this question until after a refusal to supply. Whatever chance you had of the low price slipping through their system un-noticed is gone now. This forum is surely read by many companies watching for feedback on their goods and services.