Braught goods, online trader says human error

mea_k

I braught some electrical item 2 weeks agoo, thought it was good deal.
Waited for deliver. Contacted trader - but trader says price was listed wrong and is looking for remainder of amount. I don't want to pay it because I feel like I was buying a deal.
I have screenshots of item when it was listed for price I paid. And now item is listed for crazy money.

Where do I stand on this???

You are entitled to a refund.

Jim_Hodge

Just a refund. He's not obliged to sell it to you at a price that was an error.

Atlantic Dawn

Was it an official retailer or someone selling from Donedeal, Facebook etc? Have you already paid for the item?

mea_k

Paid for item. Its retailer legit business. Bit annoyed really. Just because I never got any news untill I contacted them expecting delivery.
Era, not going to get in to fight over 100 e.
But for sure wont be suggesting friends and family to use this retailer in future.

shtpEdthePlum

If you've already bought it that ship has sailed for them.

https://www.google.com/search?q=mistake+in+display+price+consumer+rights&oq=mistake+in+display+price+consumer+rights&aqs=chrome..69i57.9195j0j4&sourceid=chrome-mobile&ie=UTF-8

Bikerman2019

mea_k wrote: »

Paid for item. Its retailer legit business. Bit annoyed really. Just because I never got any news untill I contacted them expecting delivery.
Era, not going to get in to fight over 100 e.
But for sure wont be suggesting friends and family to use this retailer in future.

Because he wont honour a misprice? While he should have contacted you instead of you contacting him, it is quite extreme to say you wont be suggesting to your family and friends that they use him.

Bikerman2019

shtpEdthePlum wrote: »

If you've already bought it that ship has sailed for them.

https://www.google.com/search?q=mistake+in+display+price+consumer+rights&oq=mistake+in+display+price+consumer+rights&aqs=chrome..69i57.9195j0j4&sourceid=chrome-mobile&ie=UTF-8

And the next link is this.
https://www.eccireland.ie/ecc-ireland-pricing-error-rights/


If it is an error, it is different. Also if the retailer is not in Ireland, i.e. UK, are those links even relevant?


What part of your link do you think is relevant?

shtpEdthePlum

Calm down biker. It didn't even say in op that they bought in UK.

It's the sale of goods, supply of services act here but that doesn't apply on UK goods since Brexit.

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-is-advertised-at-the-wrong-price/

Your legal rights depend on something fairly tricky in the law: whether or not you have a ‘contract’.

Depending on the company’s terms and conditions, you’ll have legal rights (and a contract) either:

once you’ve paid for the item
once they’ve sent it to you
You’ll need to find the company’s terms and conditions to find out where you stand. Contact the Citizens Advice consumer helpline if you need help. It may be too tricky to work out yourself.

If you have a contract, the company can’t usually cancel your order, even if they realise they’ve sold you something at the wrong price. They’ll only be able to cancel it if it was a genuine and honest mistake on their part that you should’ve noticed.

There are a lot of loopholes in the UK law.

Bikerman2019

shtpEdthePlum wrote: »

Calm down biker. It didn't even say in op that they bought in UK.

It's the sale of goods, supply of services act here but that doesn't apply on UK goods since Brexit.

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-is-advertised-at-the-wrong-price/

Your legal rights depend on something fairly tricky in the law: whether or not you have a ‘contract’.

Depending on the company’s terms and conditions, you’ll have legal rights (and a contract) either:

once you’ve paid for the item
once they’ve sent it to you
You’ll need to find the company’s terms and conditions to find out where you stand. Contact the Citizens Advice consumer helpline if you need help. It may be too tricky to work out yourself.

If you have a contract, the company can’t usually cancel your order, even if they realise they’ve sold you something at the wrong price. They’ll only be able to cancel it if it was a genuine and honest mistake on their part that you should’ve noticed.

There are a lot of loopholes in the UK law.

I am dead calm thanks. You said the ship had sailed. How exactly? Your attached link is not relevant as you dont have enough info. You linked to this.


Wrong or misleading pricing
Traders are not allowed to display a price that is false or misleading under the Consumer Protection Act 2007. ... Generally, if you are told the correct price before you pay, you do not have the right to demand that the product is sold to you at the lower price.25 Jun 2020


A mistake is not a false or misleading price - unless you are suggesting it was deliberate? Indeed, it may be covered by the agreed terms and conditions, but we don't know them either.



The easiest solution is a refund, but the OP didn't say if they requested one.

I also said;

If it is an error, it is different. Also if the retailer is not in Ireland, i.e. UK, are those links even relevant?

I never said they were in the UK, I said if.

shtpEdthePlum

Seriously I'm not trying to get in an argument with you. I don't know why you're getting completely irate with me.

OP is entitled to a refund. I highlighted the act because the misleading price is, under law, the price the item must be sold for. If the owner at this point wants to demand the balance of the price, they're within their rights but I class them a Charlatan. Perhaps they made an error, in fairness, but the consumer is still left disappointed that they do not honour their contract.

The UK point you raised is spurious.

Darc19

shtpEdthePlum wrote: »

If you've already bought it that ship has sailed for them.

https://www.google.com/search?q=mistake+in+display+price+consumer+rights&oq=mistake+in+display+price+consumer+rights&aqs=chrome..69i57.9195j0j4&sourceid=chrome-mobile&ie=UTF-8

Utter bullsh1t.

Another barstool expert spouting mis-information

mea_k

mea_k wrote: »

Paid for item. Its retailer legit business. Bit annoyed really. Just because I never got any news untill I contacted them expecting delivery.
Era, not going to get in to fight over 100 e.
But for sure wont be suggesting friends and family to use this retailer in future.

You’re going to leave them some free money? What?

Get your money back if you’re not getting the item, there’s no fight necessary as it’s your money.

Darc19

mea_k wrote: »

I braught some electrical item 2 weeks agoo, thought it was good deal.
Waited for deliver. Contacted trader - but trader says price was listed wrong and is looking for remainder of amount. I don't want to pay it because I feel like I was buying a deal.
I have screenshots of item when it was listed for price I paid. And now item is listed for crazy money.

Where do I stand on this???

Two choices.

1. Pay the extra

2. Say you no longer want the item at the normal price and get a refund.

They are your only choices

LillySV

Has the customer and business not entered a contract if he has already been offered an invitation at said price, then once paid to business and money is accepted , it is a contract that must be honored ? I’ve had a few cases in my life where I paid for items in shops for instance and while walking back to car, I’ve realized that I didn’t get the items for the price listed under the items .. so went back in to shops, highlighted it and got the difference from the retailers ...even though the prices might no longer apply.. once they had it marked up on shelf at that price then they had to sell it that way.

I did have one other experience where debenhams listed a dualit toaster for cheap money online years ago... myself and friend bought them quickly ... but debenhams came back to us and said they didn’t have the items and refunded us... but had the items back up then a day later at proper price! We argued with them but got nowhere... maybe if had followed it legally we might have had some chance... don’t know

Darc19

LillySV wrote: »

Has the customer and business not entered a contract if he has already been offered an invitation at said price, then once paid to business and money is accepted , it is a contract that must be honored ? I’ve had a few cases in my life where I paid for items in shops for instance and while walking back to car, I’ve realized that I didn’t get the items for the price listed under the items .. so went back in to shops, highlighted it and got the difference from the retailers ...even though the prices might no longer apply.. once they had it marked up on shelf at that price then they had to sell it that way.

I did have one other experience where debenhams listed a dualit toaster for cheap money online years ago... myself and friend bought them quickly ... but debenhams came back to us and said they didn’t have the items and refunded us... but had the items back up then a day later at proper price! We argued with them but got nowhere... maybe if had followed it legally we might have had some chance... don’t know

No, no no no no.

This is online, not a physical transaction.

Errors are made. There's no right in any form legally or morally for someone to take advantage of an error.

LillySV

Darc19 wrote: »

No, no no no no.

This is online, not a physical transaction.

Errors are made. There's no right in any form legally or morally for someone to take advantage of an error.

Bull crap ... retailers screw over customers all the time and don’t think twice about it so not going to cry for them when they screw up and make a mess of something themselves.

These “errors” seem to be a new thing that happens alot when retailer prices something with an acceptable mark up for them then realizes he can get more going on the level of interest the product gets... pure greed! I’ve had this experience a few times recently also... but I hadn’t purchased the item so they weren’t obliged to sell item to me at price nor did I expect it

Isambard

just start a case with ebay or paypal, you'll get refunded as goods haven't been delivered

Darc19

LillySV wrote: »

Bull crap ... retailers screw over customers all the time and don’t think twice about it so not going to cry for them when they screw up and make a mess of something themselves.

These “errors” seem to be a new thing that happens alot when retailer prices something with an acceptable mark up for them then realizes he can get more going on the level of interest the product gets... pure greed! I’ve had this experience a few times recently also... but I hadn’t purchased the item so they weren’t obliged to sell item to me at price nor did I expect it

An online legal contract does not form at the order stage.

And your post is utter rubbish.

Any chance you can back it up with something other than a warped thought process? Eg. a link?

Where you say a retailer gave a refund because a display was priced differently - they were not legally obligated to do so, but most will do as it allows them correct the error for other customers.

Jim_Hodge

Isambard wrote: »

just start a case with ebay or paypal, you'll get refunded as goods haven't been delivered

I don't think the issue is with getting their money back.

LillySV

Darc19 wrote: »

An online legal contract does not form at the order stage.

And your post is utter rubbish.

Any chance you can back it up with something other than a warped thought process? Eg. a link?

Where you say a retailer gave a refund because a display was priced differently - they were not legally obligated to do so, but most will do as it allows them correct the error for other customers.

I’ve reported your little insults there... step back from the keyboard if you can’t debate and stay civil

Isambard

Jim_Hodge wrote: »

I don't think the issue is with getting their money back.

well there is no other option. No one can say that a genuine mistake wasn't made and the seller can't be expected to lose, so get a refund and move on would be my advice (or pay the extra).

LillySV

LillySV wrote: »

Bull crap ... retailers screw over customers all the time and don’t think twice about it so not going to cry for them when they screw up and make a mess of something themselves.

These “errors” seem to be a new thing that happens alot when retailer prices something with an acceptable mark up for them then realizes he can get more going on the level of interest the product gets... pure greed! I’ve had this experience a few times recently also... but I hadn’t purchased the item so they weren’t obliged to sell item to me at price nor did I expect it

The legislation allows for an error, not for a retailer to renege on a sale because they want to get more than the advertised price. There is another thread on CI where Currys advertised a €2.5k TV for €230, they have since corrected it an cancelled orders at the lower price, surely you understand that this is an error rather than Currys wanting €2k more just because they think they can?

Darc19

LillySV wrote: »

I’ve reported your little insults there... step back from the keyboard if you can’t debate and stay civil

Can you please point out the insults.

I said your post was rubbish, which it is. That's not an insult.

Maybe I should have said "bull crap" - or are there different rules for you?

FileNotFound

Bikerman2019 wrote: »

Because he wont honour a misprice? While he should have contacted you instead of you contacting him, it is quite extreme to say you wont be suggesting to your family and friends that they use him.

If i buy something and someone has f'd up the price, well thats life. Imagine i needed it urgently for my business.

So now i either have to pay whatever price this seller wants (good bad or ugly) or tarnish my name missing a deadline.

So either way I would be paying for their mistake.. Seems a bit unfair on me.

Tarnish away I say, the seller will learn not to make said mistakes.

FileNotFound

Darc19 wrote: »

Can you please point out the insults.

I said your post was rubbish, which it is. That's not an insult.

Maybe I should have said "bull crap" - or are there different rules for you?

Haha ignore the snowflakes, they melt away quick at this time of year.

FileNotFound

FileNotFound wrote: »

If i buy something and someone has f'd up the price, well thats life. Imagine i needed it urgently for my business.

So now i either have to pay whatever price this seller wants (good bad or ugly) or tarnish my name missing a deadline.

So either way I would be paying for their mistake.. Seems a bit unfair on me.

Tarnish away I say, the seller will learn not to make said mistakes.

A bit dramatic, but the pertinent part of your post is “well that’s life”, unless you consider yourself infallible, everyone makes mistakes.

randomname2005

Dav010 wrote: »

The legislation allows for an error, not for a retailer to renege on a sale because they want to get more than the advertised price. There is another thread on CI where Currys advertised a €2.5k TV for €230, they have since corrected it an cancelled orders at the lower price, surely you understand that this is an error rather than Currys wanting €2k more just because they think they can?

And I personally think that situations like this are why terms and conditions are there and allow online retailers to cancel or otherwise back out of online orders.

What I think the other poster is taking about is when a merchant offers goods at price a, sees a huge demand and cancels orders and days price b is the new price. There is still demand so suddenly price c is the new price. One change is or can be a genuine mistake, multiple is extracting the urine. And yes the multiple price change does happen and I have reported such to the relevant authority not that anything ever came off it.

FileNotFound

Dav010 wrote: »

A bit dramatic, but the pertinent part of your post is “well that’s life”, unless you consider yourself infallible, everyone makes mistakes.

Not dramatic when its a real world example though.

Yes it is life, if i make a mistake i make up for it, I don't expect someone else to make up for it.

Thats the difference, not sure how anyone can morally argue with that.


So I stand by my view.

Sleeper12

LillySV wrote:

Has the customer and business not entered a contract if he has already been offered an invitation at said price, then once paid to business and money is accepted , it is a contract that must be honored ? I’ve had a few cases in my life where I paid for items in shops for instance and while walking back to car, I’ve realized that I didn’t get the items for the price listed under the items .. so went back in to shops, highlighted it and got the difference from the retailers ...even though the prices might no longer apply.. once they had it marked up on shelf at that price then they had to sell it that way.

The contract is subject to the t&cs of the business. It is standard in t&cs that business can make mistakes in price and this voids the contract.

There is a thread right now about Curry's advertising a 2500 euro TV for 250. Lots of board members jumped on the bandwagon but they all got an email explaining the error & the promises of a refund.

It always comes down to the t&cs

FileNotFound

FileNotFound wrote: »

Not dramatic when its a real world example though.

Yes it is life, if i make a mistake i make up for it, I don't expect someone else to make up for it.

Thats the difference, not sure how anyone can morally argue with that.


So I stand by my view.

C’mon, there are very few items online that can only be bought on one site, if the reputation of your business depends to that extent on an online purchase being delivered, maybe that is something you need to look at.

Every business occasionally makes mistakes, most customers understand this, even yours.

FileNotFound

Dav010 wrote: »

C’mon, there are very few items online that can only be bought on one site, if the reputation of your business depends to that extent on an online purchase being delivered, maybe that is something you need to look at.

Every business occasionally makes mistakes, most customers understand this, even yours.

I google for a price - as long as it meets my timeline I will go for the lowest one. That is just simple logic.

As OP mentions seller made no attempt to contact and it was on the OP after the expected delivery date. That date may have damaged to OP's business with his/her customers if it was for a business.

Once again what kind of morals mean people expect others to pay for their mistakes. Odd mindset.

Graham

FileNotFound wrote: »

Once again what kind of morals mean people expect others to pay for their mistakes. Odd mindset.

Or profit from the mistakes of others?

FileNotFound

Graham wrote: »

Or profit from the mistakes of others?

Still wanting the buyer to pay for the sellers mistake are we?

FileNotFound

FileNotFound wrote: »

Still wanting the buyer to pay for the sellers mistake are we?

If a mistake is made, the buyer isn’t paying for the sellers mistake, but they may be profiting from it.

FileNotFound

Dav010 wrote: »

If a mistake is made, the buyer isn’t paying for the sellers mistake, but they may be profiting from it.

By definition the buyer is paying, literally paying with their money no??

But hey, twist it like a corkscrew. As long as the seller makes his/her profit to hell with the buyer... Haha.

Bad seller deserves the name... OP is right to be peeved.

Graham

FileNotFound wrote: »

Still wanting the buyer to pay for the sellers mistake are we?

It's a mistake. If the order is refunded, everyone is whole, nobody haas taken advantage of anyone.

It's probably academic anyone regardless of your dubious moral argument that buyers should be permitted to profit from mistakes.

Many online retailers state in their Ts & Cs that payment is not acceptance of an order.

FileNotFound

Graham wrote: »

It's a mistake. If the order is refunded, everyone is whole, nobody haas taken advantage of anyone.

It's probably academic anyone regardless of your dubious moral argument that buyers should be permitted to profit from mistakes.

Many online retailers state in their Ts & Cs that payment is not acceptance of an order.

But now my business cannot fulfill an order and loses a customer.

Glad the seller is ok though...

I am being pedantic, but there are knock on effects of mistakes and while the seller is covered by his t&c's doesn't make it fair and right.

Our opinions may differ.

The OP stated that the seller made no contact to try and amend, this is a bad seller in my opinion and should be avoided. A proactive one would be viewed differently by me in fairness.

FileNotFound

FileNotFound wrote: »

But now my business cannot fulfill an order and loses a customer.

Glad the seller is ok though...

I am being pedantic, but there are knock on effects of mistakes and while the seller is covered by his t&c's doesn't make it fair and right.

Our opinions may differ.

The OP stated that the seller made no contact to try and amend, this is a bad seller in my opinion and should be avoided. A proactive one would be viewed differently by me in fairness.

Do you deserve a bad name if you can’t deliver for your customer?

FileNotFound

Dav010 wrote: »

Do you deserve a bad name if you can’t deliver for your customer?

Yeah, especially if I don't tell them until after the date they should have received my product.

whippet

FileNotFound wrote: »

But now my business cannot fulfill an order and loses a customer.

Glad the seller is ok though...

I am being pedantic, but there are knock on effects of mistakes and while the seller is covered by his t&c's doesn't make it fair and right.

Our opinions may differ.

The OP stated that the seller made no contact to try and amend, this is a bad seller in my opinion and should be avoided. A proactive one would be viewed differently by me in fairness.

This is a consumer issues forum ... there are differences between b2c and b2b transactions .. if you are in business you should either be aware or make yourself aware of the differences.

As has been pointed out to you almost all contracts and quotes tend to have the clause ‘error and omissions excepted’ which is there to protect both parties.

Contract law also tends towards contracts having to be reasonable and not to have detrimental terms. Online retailers operate in low margins and a mistake of €100 on a single item could make it a loss making transaction. It is morally wrong to even think that forcing someone to sell something at a loss is the right thing to do. Thankfully there are protections in place for retailer and consumers online

Sleeper12

keredern wrote:

The Cube compares very well with it by all accounts, but obviously not quite as sleek or fast!

If you get 55 euro in fuel at filling station, pay 60 euro cash but get back change for 100, isnt telling staff that they made a mistake the right thing to do? Walking out the door knowing that you have 40 euro of their money is little more than theft.

Some of the comments here trying to force curry's to lose 2k on each tv due to a simple mistake is not unlike trying to sue when you fall off a swing while holding drink. I hope I never see these posters complain about the compo culture that is ruining this country

GerardKeating

LillySV wrote: »

Has the customer and business not entered a contract if he has already been offered an invitation at said price, then once paid to business and money is accepted , it is a contract that must be honored

A lot of online retailers have a clause in their Terms & Conditions, seperate placing the order online with them entering a contract, and this is their out in many cases.

L1011

LillySV wrote: »

I’ve reported your little insults there... step back from the keyboard if you can’t debate and stay civil

You do not need, and should not post that you've reported posts, nor attempt to backseat moderate the thread

As for the content of the posts - your posts are as or more problematic than those you reported. There is little point trading infractions here. You both need to improve the quality of your posting.

Do not reply to this post (this applies to everyone)