Online order accepted by retailer. Is that a contract!

BeeDI

Ok, based on a bargain alert on the bargains forum, a few of us on here placed online orders on Littlewoods.ie, for a good value computer at €189.
Many of us received an emailed order acknowledgement, with a link to track our orders.
Taking my order as a case in point, when I tracked it, my order status was listed as "accepted" and a firm delivery date given of Feb 17.
When I checked my credit card account, I found that the €189 fee had been authorized but at no stage actually debited from my account.

Question: Can the above described transaction be classed as an enforceable contract?

B

GerardKeating

BeeDI wrote: »

Ok, based on a bargain alert on the bargains forum, a few of us on here placed online orders on Littlewoods.ie, for a good value computer at €189.
Many of us received an emailed order acknowledgement, with a link to track our orders.
Taking my order as a case in point, when I tracked it, my order status was listed as "accepted" and a firm delivery date given of Feb 17.
When I checked my credit card account, I found that the €189 fee had been authorized but at no stage actually debited from my account.

Question: Can the above described transaction be classed as an enforceable contract?

B

I see it's now €525 on the Littlewoods site, so i assume it was a pricing error.

Most online stores have some small print in the "confirmation" email to cover this and would use this as a get out clause...

Reloc8

BeeDI wrote: »

Question: Can the above described transaction be classed as an enforceable contract?

B

Probably yes, but it depends on what the terms are; that'll be the small print on the ordering sit. You'd have to read those terms and conditions to see if you have any relief.

Pricing mistakes are usually covered in those, in the retailer's favour of course.

dermot_sheehan

There is normally a term in the retailers standard terms "E & OE"

errors and ommissions excepted

in any case they would argue it was an invitation to treat and not an offer.

petes

Just a quick question. I didn't order anything but have been following the thread in the Bargain Alerts forum. I would have thought that the terms and conditions covered the online retailer. However the company did supply some of the orders at the incorrect price and most orders would have been placed around the same time.

Does that have any bearing on anything whatsoever? Not a legal head so haven't a clue

Tester46

BeeDI wrote: »

Ok, based on a bargain alert on the bargains forum, a few of us on here placed online orders on Littlewoods.ie, for a good value computer at €189.
Many of us received an emailed order acknowledgement, with a link to track our orders.
Taking my order as a case in point, when I tracked it, my order status was listed as "accepted" and a firm delivery date given of Feb 17.
When I checked my credit card account, I found that the €189 fee had been authorized but at no stage actually debited from my account.

Question: Can the above described transaction be classed as an enforceable contract?

B

It's not as simple as saying the retailer is covered by the terms and conditions, or that the website offer was merely an invitation to treat.

It depends on what stage the order was at - from reading the Bargain Alerts thread it seems that at least some of the orders had been accepted and payment accepted when the orders were cancelled by the retailer. Any terms and conditions would also have to comply with the Unfair Terms in Consumer Contracts Regulations so a "cover-all-get-out-of-jail-free clause" is not necessarily enforceable by the retailer.

Plus, the retailer seems to have honoured some orders, but cancelled other ones.

I think, having read more of the Bargain Alerts thread, that at least some of these boards.ie members might have a case they could pursue. If it was me, I would start with complaints to consumer organisations, and then consider the Small Claims Court. I would also get organised with the other members - strength in numbers when dealing with a retailer.

However, every complainant should first ask themselves if they thought it was a genuine offer, or were they trying to take advantage of an obvious error? I don't know all the circumstances, but that should be relevant for each individual person to make a decision.