Mispriced Item on a website

Fuhrer

Hi there,

What is the law with regards to a mis priced item on a website?


In this example I have, the item was supposed to be 1230 and was up at 123, obviously someone forgot to throw on the last 0 when adding it. Do they legally have to sell it at that price or can they just cancel the order?

bongi69

If you bought the item, and the Invoice price for the item at the checkout page said €123 and you placed your order, as far as I'm aware they have to sell it for that price. They can't debit your card for the 1230, as you only authorised 123.

If the items page said €123, and the checkout page said €1230, this is perfectly legal under the Sale of Goods act.

Same as if you're in a shop, an item is marked €5, and when you go to the till they tell you it was incorrectly priced and should be €50, the shop is well within their rights. Its then up to the consumer to decide wether to but it or not. Most consumers tend not to know this, and then shop staff get the earful, talking from experience.

Edit: Was it an Irish site? Were you expecting it to be 1230?

nava

There's some users here that are more experts than me but if they charge your credit card I think they have to sell it to you at that price. If you order and they notice the mistake before they charge the credit card they do not have to sell it to you at the wrong price.

Seen some issues before with Dell and other companies that notice the mistake before they charge and they just cancel the order.

dudara

No, they do not have to sell it to you at that price. A facet of law called "Invitation to Treat" covers that. Errors in pricing are allowed, as long as they are genuine, or happen only occasionally.

If you bought the item at the wrong price, then they do not have to complete the sale either, even if the funds were taken from your card. Although you might think that you have entered into a contract, the fact that there was a fundamental error in the contract means that it can be voided. The T&Cs of most savvy companies cover this scenario.

thebiglad

Littlewoods again?

Order the item before posting here - once the mass get in on it they will be more likely to notice the error and cancel orders/correct price.

bongi69

nava wrote: »

There's some users here that are more experts than me but if they charge your credit card I think they have to sell it to you at that price. If you order and they notice the mistake before they charge the credit card they do not have to sell it to you at the wrong price.

Seen some issues before with Dell and other companies that notice the mistake before they charge and they just cancel the order.

Yup they could just cancel the order. I'm not an expert, my previous post regarded another case I heard of. In this case though, the site might just have done it out of good will to keep their good name.

Contact the Consumer agency. They'll be able to advise you.

Fuhrer

hmmm, another thing.


They didnt take credit card payment, just arranged cash on delivery.

jor el

Until payment is actually made, it's just an offer, and they can retract at any time. If it does arrive, and you pay €123 for it, then they cannot come back at you for the remainder. Once they accept your offer of €123 (by accepting payment), the contract is formed.

In the past, companies like Dell and Aer Lingus have refunded the money to buyers of miss priced items, even though a contract had been formed, and they got away with it. There's very little you can actually do about it, unless you have the goods in your hand.

delllat

jor el wrote: »

Until payment is actually made, it's just an offer, and they can retract at any time. If it does arrive, and you pay €123 for it, then they cannot come back at you for the remainder. Once they accept your offer of €123 (by accepting payment), the contract is formed.

In the past, companies like Dell and Aer Lingus have refunded the money to buyers of miss priced items, even though a contract had been formed, and they got away with it. There's very little you can actually do about it, unless you have the goods in your hand.

if its wrong by 1000 euro u shold just buy it asap and see what happens also dont tell anyone what it is ,if theres a big rush on them theyre likely to notice it and cancel everybodys