Legal advice - Seller cancels order because of misprice

Skelet0n

Hi,

Today I saw a post on bargain alerts about a laptop misprice on Argos.co.uk, I ordered for collection and paid for the order, the money left my account and I received a confirmation email.

I then received an email saying that it was a misprice and that they would cancel and refund the money.

Am I wrong in thinking that once there is an exchange of money that a contract exists that the seller must abide by?

I know it's a misprice and I'm chancing my arm but any help would be appreciated.

In Argos terms they say "
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds). For FastTrack orders, completion of the contract between you and us will take place when the products ordered have been collected from the store.

The contract ends once the item leaves our warehouse to be delivered."

amcalester

You're correct, you are wrong.

L1011

We can't give legal advice here; on a consumer advice level you are incorrect about when a contract is formed. The T&Cs further confirm that.

Skelet0n

L1011 wrote: »

We can't give legal advice here; on a consumer advice level you are incorrect about when a contract is formed. The T&Cs further confirm that.

I was under the impression that terms couldn't contradict the law. Though that impression also included that a contract was formed once money changed hands.

L1011

Skelet0n wrote: »

I was under the impression that terms couldn't contradict the law. Though that impression also included that a contract was formed once money changed hands.

They can't, but they don't in this case. Retailers are not required to honour a misprice if cancelled before the item is shipped. They may do so out of good will but when something hits a deals site, any chance of good will is gone due to the volume.

ban resistant recalcitrant debutant

I know this isn't the issue here but what if the mis-pricing is deliberate, in order to increase footfall into the shop?

I know it'd be hard to prove but what if the offender admitted that he had deliberately mis-priced things with the intention of increasing footfall into his shop. When people attempt to purchase he simply says 'mis-price' or 'invitation to treat'.

Do our legal codes address the issue of deliberate mis-pricing?
Is deliberate mis-pricing a form of bait and switch?

theteal

ban resistant recalcitrant debutant wrote: »

I know this isn't the issue here but what if the mis-pricing is deliberate, in order to increase footfall into the shop?

I know it'd be hard to prove but what if the offender admitted that he had deliberately mis-priced things with the intention of increasing footfall into his shop. When people attempt to purchase he simply says 'mis-price' or 'invitation to treat'.

Do our legal codes address the issue of deliberate mis-pricing?
Is deliberate mis-pricing a form of bait and switch?

Iirc, Tesco got into a bit of trouble a few years ago over mis-pricing. Not even deliberate but just human error/laziness on the shop floor as was my impression at the time. So yes, consistent mis-pricing will be noticed and punished.

ban resistant recalcitrant debutant

I have been overcharged in Tesco and I went to the Customer Service counter. They refunded me the difference between the price displayed and the price charged but I ask them if they now intended to correct the shelf edge label with the correct price.

They don't immediately correct the price on display.

I know they're very large but that seems to be an example of where they knowingly display an incorrect price.
How quickly should a large organistion like Tesco react when they become aware that a price on display is incorrect?

Xterminator

If products an not sold as advertised, it can be reported to the ASAI. this doesnt mean genuine mistakes.

but you still don't have the right to demand they sell you a mispriced item.

ted1

Skelet0n wrote: »

L1011 wrote: »

We can't give legal advice here; on a consumer advice level you are incorrect about when a contract is formed. The T&Cs further confirm that.

I was under the impression that terms couldn't contradict the law. Though that impression also included that a contract was formed once money changed hands.

You'll find the money was taking , that only a hold was put on it.

eeguy

Skelet0n wrote: »

I was under the impression that terms couldn't contradict the law. Though that impression also included that a contract was formed once money changed hands.

I have a feeling there's an exception made for online retailers, since the process is totally automated.
You don't have a comeback anyways. Shame when it happens, but so many prices are determined by algorithms and checked off prices from other sellers that things mess up regularly.

theteal

Xterminator wrote: »

If products an not sold as advertised, it can be reported to the ASAI. this doesnt mean genuine mistakes.

but you still don't have the right to demand they sell you a mispriced item.

the thing is though, a price tag is not advertisement. A poster on a wall, window, tv add are advertisements - these can be reported to the ASAI

Fred Swanson

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CeilingFly

Skelet0n wrote: »

Hi,

Today I saw a post on bargain alerts about a laptop misprice on Argos.co.uk

I know it's a misprice and I'm chancing my arm

Theoretically you could have criminal charges against you as you purchased knowing it was a misprice. I don't have the exact wording of the offence but it's similar to obtaining by deception.

Highly unlikely a retailer would go down that route.

If I find the wording I'll post it.

Melendez

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CeilingFly

Melendez wrote: »

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The op was looking at it from a legal point of view and stated that he/she KNEW it was a misprice.

Comes under fraud and my reply was if the op tried to force the retailer to honour the sale.

Suppose if you thieve from a store you will argue "civil contract" too.

ban resistant recalcitrant debutant

It's actually not possible to know with certainty that something is a mis-price simply because it is very cheap. The OP couldn't have known with certainty that this is a mis-price.

Tesco occasionally sell non-perishable products for 5c for example where they had previously been 3 euros or some other much bigger price than 5c.

There was a story years ago about some Dublin buisness which advertised a fridge I think for very cheap and no-one asked about it as they thought it was a joke.

CeilingFly

ban resistant recalcitrant debutant wrote: »

It's actually not possible to know with certainty that something is a mis-price simply because it is very cheap. The OP couldn't have known with certainty that this is a mis-price.

Exactly and that's why its really only theoretical as getting the required proof would be nigh on impossible.

However in the same vein, if a bank made an error on your account or employer paid too much in your favour and you took advantage of it, you would be forced to repay it and possibly would face criminal charges and a jail term on conviction as happened in two cases recently.

Melendez

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CeilingFly

Melendez wrote: »

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Op says "knows its a misprice"

Knowingly taking advantage of someone's error for personal gain is an offence

CeilingFly

Melendez wrote: »

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Funny that in another thread you agree that availing of a obvious misprice or zero price would be seen by many as theft?

Melendez

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Melendez

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