My girlfriend yesterday ordered a samsung phone off the car phone warehouse website which usually costs £80 but was advertised as £8, touch screen and everything pay as you go. They took her money but today they sent an E-mail to say they had cancelled her order and refunded her money as it had been a mistake and wrongly priced. Where does she stand on this ? Are they obliged to send the phone ? Any help would be appreciated.

If it was a retail shop then they are legaly bound to the price advertised.

 

Not sure if that differs for websites as you dont physically have the product when

you purchase it.

If it was a retail shop then they are legaly bound to the price advertised.

 

Not sure if that differs for websites as you dont physically have the product when

you purchase it.

 

Actually, they're not. Provided that it is an honest mistake, and not a ruse to entice customers, a mis-priced item doesn't have to be sold at all; the ticket is an invitation to treat under contract law, and they are within their rights to refuse your offer to purchase & therefore there is no contract with you.

 

That said, they must immediately rectify the mistake, otherwise it moves from being an oversight to an illegal practice.

 

Rich

My girlfriend yesterday ordered a samsung phone off the car phone warehouse website which usually costs £80 but was advertised as £8, touch screen and everything pay as you go. They took her money but today they sent an E-mail to say they had cancelled her order and refunded her money as it had been a mistake and wrongly priced. Where does she stand on this ? Are they obliged to send the phone ? Any help would be appreciated.

 

No, they're not. Keep an eye on the website though - they are now aware of the error and should correct it... if they don't do so within a reasonable time, Trading Standards would be interested - and if you shouted loud enough they would probably let you have it!

 

Check their terms and conditions too - there'll no doubt be a clause regarding errors and omissions.

Actually, they're not. Provided that it is an honest mistake, and not a ruse to entice customers, a mis-priced item doesn't have to be sold at all; the ticket is an invitation to treat under contract law, and they are within their rights to refuse your offer to purchase & therefore there is no contract with you.

 

That said, they must immediately rectify the mistake, otherwise it moves from being an oversight to an illegal practice.

 

Rich

 

Only one problem with that tho. The item was paid for and there had originally accepted the money so a sale has been made and a contract of sale has been made.

Maybe a call to c.a.b may let you know where you stand on your rights as a customer.

Only one problem with that tho. The item was paid for and there had originally accepted the money so a sale has been made and a contract of sale has been made.

Maybe a call to c.a.b may let you know where you stand on your rights as a customer.

 

That was in reply to the comment about retail shops, so no problem with it.

 

As for it being accepted, they didn't accept the money - it was an automated transaction, which was reversed as soon as they realised the pricing mistake... and as I said, if you refer to the terms and conditions, it will no doubt cover such errors.

 

By all means contact CAB, but the above is the reality.

I understood it wrong then !

 

In scotland if a shop say like halfords has a underprised item and that item has the

price label clearly shown and you go to purchase it then under trading standards that

is the price they have to sell it to you at.

 

Same rule i'm sure apply's on marked off items, say an item on the shelf says 10% off

and after three days that discount no longer applies but stock has been left on the

shelf with the marked down price it can be purchased for that price.

 

Its happened to me when in homebase when i bought a lamp and the offer price was

still on the label we got it for that price. The manager did go check the shelve first &

maybe it was down to her descetion to sell it to us but i'm sure she had no choice as

shortly after that shelf was stripped down and all the stock on it was checked, think

i saved about £8 that day, not much but worth it !

 

I must say though this perception is only my own and may not be true so dont take

any of my words unless you find some other place that tells you your rights.

got to say i totally agree with Rich666..

 

I saw a program about a year ago and it discussed the issue.

 

The truth of it is that if you managed to get something cheap because it was marked at that price it was totally down to the shops discretion and they were totally within their rights to advise you of the mistake and ask for the correct amount...

It kind of makes it OK for shops to false advertise....

 

however I can't remember how you stand if they charge you the wrong amount and you then have the item.... not sure if they can actually make you pay more... (i.e. once you've left the store)

However that isn't what went on in this case. :(

A shop owner displaying their goods for sale is generally making an invitation to treat (Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401). They are not obliged to sell the goods to anyone who is willing to pay for them, even if additional signage such as "special offer" accompanies the display of the goods. (But see bait and switch.) This distinction was legally relevant in Fisher v Bell [1961] 1 QB 394, where it was held that displaying a flicknife for sale in a shop did not contravene legislation which prohibited offering for sale such a weapon. The distinction also means that if a shop mistakenly displays an item for sale at a very low price it is not obliged to sell it for that amount [1].

 

Generally, advertisements are invitations to treat, so the person advertising is not compelled to sell to every customer

 

Here you go.

as I have been in the world of retail pharmacy all my life I was familiar with the circumstances of offers etc