Increase in price after i have paid for item??

froshtyv

Ill keep this short and simple,

I ordered 4 tyres for my jeep last night online,

Paid in full via my Credit card,

I then received an email from them this morning saying this

due to an error on our suppliers price list these tyres
were priced incorrectly on our website . The price should
be £89.50 each. Would you like to continue with the order
at the new price or cancel the order.
Many apologies for this inconvenience

It works out more but not much,

I would just like to know where i stand on this?

Am i in my rights to reject their offer and stand by what i have paid for originally?

Thanks.

Yakuza

froshtyv wrote: »

Am i in my rights to reject their offer and stand by what i have paid for originally?

As far as I understand, e-tailers don't have to stick with the displayed price (to cover them from misprices). Most places I've bought from online now have recently added disclaimers stating stuff to the effect of "until you get an email from us confirming your order, there is no order".

You may have filled out the form and entered your CC details, but if they haven't taken the money from your card, then you haven't really paid for them, and hence no contract is there.

However, if the difference wasn't that much, some places might stand over the offer (esp. if it brings potential repeat business or goodwill) but in this day and age perhaps they can't afford to make a loss on anything they sell.

Sponge Bob

You may cancel the order but they do not have to honour what they CLAIM to be a mis price . If they have not taken the money then cancel . It is only dodgy if they take the higher amount without further authorisation.

craichoe

Check if they've billed you already

If they've taken money then they've entered into a contract and your entitled to recieve the product you paid for

froshtyv

Yakuza wrote: »

As far as I understand, e-tailers don't have to stick with the displayed price (to cover them from misprices). Most places I've bought from online now have recently added disclaimers stating stuff to the effect of "until you get an email from us confirming your order, there is no order".

You may have filled out the form and entered your CC details, but if they haven't taken the money from your card, then you haven't really paid for them, and hence no contract is there.

However, if the difference wasn't that much, some places might stand over the offer (esp. if it brings potential repeat business or goodwill) but in this day and age perhaps they can't afford to make a loss on anything they sell.

Thanks for your input,
Well i did receive a confirmation order but it was more than likely an automated responce,

So i say what happened is they went process it this morning saw the mistake and them emailed me,

I have used the company in question many times before, as they do offer great prices,

But i thought it might of been worth my while sending them an email just to see what their responce was.

Sponge Bob wrote: »

You may cancel the order but they do not have to honour what they CLAIM to be a mis price . If they have not taken the money then cancel . It is only dodgy if they take the higher amount without further authorisation.

Thanks for that, always nice to know.

craichoe wrote: »

Check if they've billed you already

If they've taken money then they've entered into a contract and your entitled to recieve the product you paid for

I must check that out, i can be sure though that they have not billed me just yet

axer

Technically yes, you may have a legally binding sales contract.

You may have all the parts of a legally binding contract.

You have offer and acceptance: You made an offer online and it was accepted automatically (unless they make it clear, as dabs.ie do, that they have not accepted your offer until they charge your credit card or the likes [what they communcated back to you is very important]).

Consideration: giving your credit card details is enough consideration since you have already accepted the charge on your credit card (unless as I said earlier the way dabs.ie does it). It really does depend on how it was presented and how acceptance of the order was communicated by the seller.

Intent to contract: both parties were intending on a legally binding contract.

Capacity to contract: both could enter into a contract

Formalities and writing: the contract was created in an appropriate manner.

The question here would be what is to happen upon breach of contract considering this has not been expressly specified in your sales contract.

The question here is can the small claims court or district court force a person to sell an item, compensate the purchaser to the value of purchasing the item elsewhere or just force a refund of the monies originally pay?

I would think the best you could come out with without a massive fight is the latter since there are many ways out of this for the seller i.e. they could claim that you only made an offer which they rejected lateron (dependant on confirmation email wording). They could claim that when you cofirmed the order or accepted the terms of the order that they were just following Electronic Commerce (EC Directive) Regulations 2002 11(1)(b) which says that they should display everything to you before ordering to make sure that you didnt make a mistake and that by clicking confirm you actually just clicked to confirm your offer.

Just to confirm with the OP. What exactly did the confirmation email say with regards to the order being placed? Did it say that this order has not been accepted yet or anything along that line?

idunnoutellme

Hi
You definitely have no rights there and they would only honour it out of their own good will if you write a complaint letter. They will just give you a refund if you wish to cancel.
Happened to me before with the infamous argos couches - online quotes a couch for 200eur and i went in and bought it for cash instore for that price.
they later called and said no that should be 1200 and therefore we're cancelling your order unless you want to pay the full amount, otherwise please come collect your cash.

Thats it, i rang up the consumer protection and all - they can't do nothing.

idunnoutellme

axer - the contract is not complete until both parties have delivered their side - so seein as the tyres were not delivered yet, the contract doesn't stand.
It'd be different if they sent the letter after the tyres have been sent out and then said oh wait but they cost more so you give us money or send back tyres.

actuallylike

From what I understand, the price quoted on an item isn't gospel for the reason that a customer cannot make a saving based on the mistake of the seller. Meaning that if they put up the wrong price then you have no legal standing to get it for that price. Heard a guy on the radio explaining it a while back.

Trinny_Wicklow

This is a weird one. I have a funny feeling things are different online then ina shop. Looked online at - http://www.consumerconnect.ie/eng/Hot_Topics/Tip_Of_The_Week/Tips_Archive/Online%20Shopping.html - but nothing pops out to me in relation to your issue.

axer

idunnoutellme wrote: »

axer - the contract is not complete until both parties have delivered their side - so seein as the tyres were not delivered yet, the contract doesn't stand.
It'd be different if they sent the letter after the tyres have been sent out and then said oh wait but they cost more so you give us money or send back tyres.

You are mixing up things there. The question is not if the contract has completed but rather is the contract a valid one. If it can be shown that the seller has accepted the buyers offer (along with consideration etc) then there is a valid contract that must be honoured or else the buyer is owed compensation for breach of contract. This all comes down to the exact wording of the emailed receipt.

The actual sending of the product has nothing to do with this.

froshtyv

Thanks for the replies again,

This bellow is the email i received from them,

I have edited their name and my details for obvious reasons.


Dear xxxxxx

Thank you for visiting xxxxxxx and placing an order with us on - Tuesday 6 October 2009.

Your Unique Order Reference No. is : xxxxxx

Please quote the last 6 digits of the Order Reference in any correspondance with us regarding this order.

A summary of the items you ordered is given below.

4 of 3100105015SBFGORLT109L.ATKO.RWL[4] BF GOODRICH TYRES / 4X4 / BF GOODRICH ATKO ALL TERRAIN BFG AT KO - 31x10.50R15LT 109S RWL TL Total Price £334.40


Carriage .............................. £23.00
Order Total .......................... £357.40

Your payment details have been received via our secure server with the transaction reference number: xxxxxxx

You will also receive a Payment Received email from our Secure Server.
Do not quote this reference number when referring to your order please only us the Order Reference quoted above.

=================================================
IMPORTANT INFORMATION - PLEASE READ.
=================================================

At this stage your card has NOT been billed it has only been Pre-Authorised.

It may appear on your bank/card provider account especially if you bank online as the available credit on your account will have been reduced by the transaction value, although NO monies have been taken.

If you have paid by a Debit card it will probably show as a reduced balance on your account.

We check stock availability first and only bill your card if we have good reason to believe that we can dispatch your order within 2-3 days.

If we cannot dispatch stock within this time period we will contact you via email regarding estimated dispatch times, alternative product etc.

Your order will not then progress until we have received a reply by phone or email (Please quote the your order reference) as to what you would like to do - ie. wait for stock to arrive, select an alternative product (price may be different but we will tell you) or to cancel your order.

If you choose to wait for stock to arrive we will contact you when the stock becomes available to see if you still require the product - only then we will charge your card.

If you choose to cancel your order then approx. 3 days after you placed your order the banking computers \'release\' the credit set aside for the transaction back to your account. This process is totally automated and there is no way we can alter the time frame.

Any queries either email or for an immediate response please phone us especially if the supply of your parts/tyres is time critical.
Please quote your 6 digit order reference at all times.

Please look out for emails from xxxxxx- these may end up in your Spam folder so regularly check.

egan007

Check their T&C - AFAIK they are not obliged to honor the price.

idunnoutellme

axer wrote: »

You are mixing up things there. The question is not if the contract has completed but rather is the contract a valid one. If it can be shown that the seller has accepted the buyers offer (along with consideration etc) then there is a valid contract that must be honoured or else the buyer is owed compensation for breach of contract. This all comes down to the exact wording of the emailed receipt.

The actual sending of the product has nothing to do with this.

All the buyer can get in this case is his money back - there won't be any compensation higher than that.

axer

Unfortunately OP they do mention that they do not accept the order straight away so you don't have any rights here. It really comes down to whether they had accepted your offer via the automated email or not.

axer

idunnoutellme wrote: »

All the buyer can get in this case is his money back - there won't be any compensation higher than that.

Thats what I said earlier if you had bothered to read it. I said since there was no pre-agreed remedy for breach of contract then the buyer would most likely get his money back i.e. the compensation, unless he really wanted to fight this and look for an order of specific performance but it would be a tough fight with far from a guarenteed win for the reasons I mentioned in my other post and because the email says the order has been received and implies it has not be accepted yet.

froshtyv

axer wrote: »

Unfortunately OP they do mention that they do not accept the order straight away so you don't have any rights here. It really comes down to whether they had accepted your offer via the automated email or not.

I thought that after reading through it.

I just wanted to know out of curiousity where i stood on the matter.

Like i said before i can fault the company in question as i have used them plenty of times before.

For the sake of 20 euro its not worth the hassle in arguing, and if i dont have a leg to stand its def not worth it.

idunnoutellme

axer wrote: »

Thats what I said earlier if you had bothered to read it. I said since there was no pre-agreed remedy for breach of contract then the buyer would most likely get his money back i.e. the compensation, unless he really wanted to fight this and look for an order of specific performance but it would be a tough fight with far from a guarenteed win for the reasons I mentioned in my other post and because the email says the order has been received and implies it has not be accepted yet.

Oh sorry...it was a very long post in fairness :rolleyes:...try keep it short and sweet :P

axer

idunnoutellme wrote: »

Oh sorry...it was a very long post in fairness :rolleyes:...try keep it short and sweet :P

I find it better to backup statements than just randomly making unsubstantiated ones without backup. :P