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Website Prices and Law?

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GB

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Does anyone know if websites are legally obliged to sell items at the advertised price even if the product in question should be sold for a lot more?

Ive recently placed an order (though it is pending and not processed) for an item at their stated price, but have since found out that the item in question should retail at a substantially higher price.

I have a feeling the retailer has law on its side and I only made the order really just to see becuase of the price difference but fingers crossed.
 
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Daniel

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If you have been charged for the item, then I believe you have the law on your side...

If your in a shop and something is priced wrong, if you take it to the till and the retailer notices it before you pay, they can 'withdraw the item from sale' immediately and alter the price to the correct one. However, if you've already paid, then tough - the transaction is completed and it's your item.

I imagine the same would apply to over the internet - as long as you have paid, and you have proof you have been charged, then I'd imagine the seller would be forced to provide the product at that price.
 

ukrob

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It depends when the contract between you are the retailer is formed.

Paying is not necessarily the point when it is formed - it is usually on dispatch of the item.

Whatever you do, don't tell anybody or it will appear on deal and bargain websites and it will flag up to the retailer when thousands of orders for the product are being received.
 

GB

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Whatever you do, don't tell anybody or it will appear on deal and bargain websites and it will flag up to the retailer when thousands of orders for the product are being received.

Sadly Im not the only one that knows about it, I know of at least 3 or 4 others that have also put in orders.

It was a super super long shot anyway as the difference in price is over £1000! hence me giving it a punt. :)
 

Broken Viking

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Does anyone know if websites are legally obliged to sell items at the advertised price even if the product in question should be sold for a lot more?

Ive recently placed an order (though it is pending and not processed) for an item at their stated price, but have since found out that the item in question should retail at a substantially higher price.
Again - As the guys above have said - It really depends on whether payment has been taken for the item or not (Ask the staff at thy bank to check incoming transactions on thy account) and at what point in the process a "sale" is deemed to have taken place (Check the website's terms & conditions)...Although if money has been requested from thy bank at this stage, ye'd probabally have a much stronger case in consumer law for demanding that delivery be completed. 8)

AFAIK: Once the money's "gone", the item lawfully becomes yours immediateley (And is only in their care until delivery is complete) and therefore ye could refuse any attempts by them to "refund" ye the cost of thy property! <D

That said though, take a peek at This article and This one - Both referencing the pricing mistakes that Argos made a few years ago (Remember they were "selling" widescreeen tellys at £2.99 each? :lol:) and I'm sure many of us will remember the Argos "We're very sorry, but..." e-mail that did the rounds shortly afterwards.

That said; Though Argos have protected themselves by adding a clause against wrong prices in their site T&Cs, if the site that ye've ordered from hasn't got a similar clause in theirs, they probabally havn't a leg to stand on, legally speaking.
If I were ye, I'd save a copy of the complete site T&Cs for future reference and presentation! (Preferably from thy web browser cache if ye can. That way, ye should have the original one that ye saw when ye first visited the site, with no last minute "additions" cunningly snuck in! :idea:)

Sadly Im not the only one that knows about it, I know of at least 3 or 4 others that have also put in orders.
It was a super super long shot anyway as the difference in price is over £1000! hence me giving it a punt. :)
I'm not really bothered about getting whatever it is for myself, as I've already had my fill of bargains from Maplin and DSG Retail over the last week...But would ye mind me asking what it is ye have on order? I'm curious! :D
(Though for the ease of the RailUK mods and to prevent bandwidth ganking; Please don't post a URL to the site that ye ordered it on...Insted, Google up the same product on a site that has the price right and post that insted. Ta! :))

--------------------------------------------------------------------------------------

Anyhow...Whilst we're on the subject of Internet hopping, I've got a question of my own that I'd like to pose: :)

Whilst playing around with the Asda website earlier on, I found that I was able to add any item from the stock database into my shopping basket - Including items marked as "Out of stock" and "No longer available". 8)

Now I didn't take my experimentations past the "view basket" page as I refuse to order anything from sites that charge £5.00 for collecting items in person from the company's own stores...But what I'm curious about is: If I had placed an order for several "Out of stock" items and handed the money over instantly via my debit card, what position in law would both parties be in? Would I be entitled to expect those items be sourced and delivered nonetheless, or would Asda have a legal safeguard that would allow them to force me to accept a refund? :?:
 
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GB

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Thanks for the reply people, the item in question was a camera lens listed on various websites at around £1500. This particular site had it listed for £289. Normally I wouldn't be interested in such an expensive lens as I really have no need for it, but thought it worth ago just to see what happens.

I only placed the order Saturday evening so as yet nothing has been processes and no monies changed hands so I suspect on Monday morning they will realise their mistake and cancel the order from their end...oh well...worth
ago :)

I guess its a tad dishonest on my part anyway.
 

Broken Viking

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I only placed the order Saturday evening so as yet nothing has been processes and no monies changed hands so I suspect on Monday morning they will realise their mistake and cancel the order from their end...oh well...worth
ago :)
Depending on their T&Cs (Which ye would've agreed to in placing an order with them) they might have a right to cancel thy order in that case, although it's always worth hanging on to see if they process it anyway. :)

If they take payment, process and ship thy order even with the price obviously incorrect as it is, they won't have any right to later demand that you return the lens or pay the difference between the price paid and the correct amount. :!:
AFAIK; Once it's been placed in the post (Or handed to a courier) for delivery, they have no right to cancel the transaction and have the item returned to them. 8)

I guess its a tad dishonest on my part anyway.
To the contrary, what ye are doing is not dishonest in any way...If the retailer is negligent in ensuring that items are priced correctly, then that's a mistake on their part - And if a consumer can exploit that mistake to their own ends, then that is perfectly honest and acceptable in law. There's certainly no obligation or moral requirement of any kind for anyone to inform the retailer of their mistake! :)

As the consumer, you have every right to try and avail thyself of this mistake if ye wish, and - Assuming the retailer doesn't spot and swat the error before thy order is processed - Should ye succeed in obtaining the item for that price no matter how obviously "wrong" the price may be, you'll have acted within the law at all times...And there's nothing that the retailer can lawfully do after such a "wrong" sale to recoup the loss. Even banning ye from their online shop or business (Which they can do in principle) could be considered bad form, and possibly unfair in law, considering the circumstances! :!:

Anyhow...Here's wishing ye all the be(a)st of luck with it, and that ye find thyself pleasantly surprised sometime in the coming week! <D
 

HaxbyFur

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Have to say good luck with it!

And regarding Death's question (don't think I've ever said that before), as far as I am aware because the item(s) are listed as out of stock when you add them and because you can review your order before placing it, with the items notated as out of stock, then they wouldn't be legally obliged to do anything about it, it all depends on what the companies individual policy is and whether they would let you cancel it.
 

Darandio

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It is a funny one this and has resonance with a recent purchase.

I recently browsed through the offers online at Argos and stumbled across a Panasonic Viera 32In TV on offer at £429.99 with a retail of £599.99, quite a big saving. I reserved online for store pickup which says that I can then pickup and pay for the item up until the next day closing which was 6pm.

On arrival at the store, I proceeded to the checkout with my reservation number only to be quoted that it would cost the full price of £599.99 and not the price I had reserved the product at which was £429.99. The reason being, the offer had ended in between my order and my collection with no clear indication this had happened. Now, isnt it quite obvious that if I reserve something at an offer price, I am not intending to arrive the next day and be charged some £170 more?

I argued my case and it turns out I didn't have a leg to stand on, the T&C's cover this in full but luckily, for some strange reason, after my grievance, the cashier went to speak to the manager and allowed me to have the TV for the sale price. A good result but something that throws up a lot of discrepancies.

Was it in good faith? I am not so sure, it is quite obvious that when I reserve something for that amount of money, I am intending to come in and pay for the item, especially with the lack of a credit card. To be quoted that the offer has ended on something reserved may be fair enough, but for the manager to immediately default £170 says there is something more in it, maybe the store doesn't know where it stands and chooses to proceed with the agreed sale rather than face any further problem?
 

HaxbyFur

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It is a funny one this and has resonance with a recent purchase.

I recently browsed through the offers online at Argos and stumbled across a Panasonic Viera 32In TV on offer at £429.99 with a retail of £599.99, quite a big saving. I reserved online for store pickup which says that I can then pickup and pay for the item up until the next day closing which was 6pm.

On arrival at the store, I proceeded to the checkout with my reservation number only to be quoted that it would cost the full price of £599.99 and not the price I had reserved the product at which was £429.99. The reason being, the offer had ended in between my order and my collection with no clear indication this had happened. Now, isnt it quite obvious that if I reserve something at an offer price, I am not intending to arrive the next day and be charged some £170 more?

I argued my case and it turns out I didn't have a leg to stand on, the T&C's cover this in full but luckily, for some strange reason, after my grievance, the cashier went to speak to the manager and allowed me to have the TV for the sale price. A good result but something that throws up a lot of discrepancies.

Was it in good faith? I am not so sure, it is quite obvious that when I reserve something for that amount of money, I am intending to come in and pay for the item, especially with the lack of a credit card. To be quoted that the offer has ended on something reserved may be fair enough, but for the manager to immediately default £170 says there is something more in it, maybe the store doesn't know where it stands and chooses to proceed with the agreed sale rather than face any further problem?

Well I sell furniture at The Range and have people come in to order something then come back a week later to collect it for it to be in the sale. Like you say, we are fully within our rights to charge the original higher price for the item. People will always argue and say it isn't fair but seem to come a little lost for words when I mention that if the item had gone UP in price we wouldn't expect them to pay more for it.. (considering these people place a deposit on the item(s) ). But on occasion the manager will allow us to reduce the price for the customer.. but only because the £50 difference is usually more than worth giving to ensure that a £500 sale isn't dropped. I guess this was the same case with your incident.
 

ukrob

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It is a funny one this and has resonance with a recent purchase.

I recently browsed through the offers online at Argos and stumbled across a Panasonic Viera 32In TV on offer at £429.99 with a retail of £599.99, quite a big saving. I reserved online for store pickup which says that I can then pickup and pay for the item up until the next day closing which was 6pm.

On arrival at the store, I proceeded to the checkout with my reservation number only to be quoted that it would cost the full price of £599.99 and not the price I had reserved the product at which was £429.99. The reason being, the offer had ended in between my order and my collection with no clear indication this had happened. Now, isnt it quite obvious that if I reserve something at an offer price, I am not intending to arrive the next day and be charged some £170 more?

I argued my case and it turns out I didn't have a leg to stand on, the T&C's cover this in full but luckily, for some strange reason, after my grievance, the cashier went to speak to the manager and allowed me to have the TV for the sale price. A good result but something that throws up a lot of discrepancies.

Was it in good faith? I am not so sure, it is quite obvious that when I reserve something for that amount of money, I am intending to come in and pay for the item, especially with the lack of a credit card. To be quoted that the offer has ended on something reserved may be fair enough, but for the manager to immediately default £170 says there is something more in it, maybe the store doesn't know where it stands and chooses to proceed with the agreed sale rather than face any further problem?

Even before you get to a reservation screen on the Argos website you are informed that the price you pay will be what the price on the day you collect it. There is nothing more to it, nor anything devious about it. Would you be so bothered if you were intended paying £500 for an item but it was £400 on the day you went to pay for and collect it? Thought not :)

To be honest the T&Cs don't even come in to it, they can refuse the sale without giving a reason. There is no doubt whatsoever that it was in good faith. If it had been on offer, the chances are the store/chain had too much stock of the item anyway so were quite happy to discount it.
 

HaxbyFur

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Yeah exactly, the prices stores actually buy them in at you would be amazed.. a 63" Samsung TV at work is sold for £2,600 but bought in for £900.. so they were still making a profit on it.
 

GB

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Needless to say I didnt get this item:lol: Though I knew that really when I ordered.

The general consensus amoung the various consumer forums that up untill payment is actually taken no contract is formed and the retailer is pretty much free to do as they choose. Once they have accepted payment and its gone out of your account (or wallet;)) things get a little different.
 

Mojo

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Did they Email you to advise and apologise? I'd be interested to see what they said as to how it ended up mispriced!
 

GB

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I was expecting an email first thing Monday morning but nothing came. I kept logging into my account on their website to keep checking the order progress but it remained the same...then all of a sudden my password would not work which I thought was a little odd (and I wasnt typing it wrong either).

Finally at the end of the day they sent this...

Your whole order has been cancelled and no funds have been charged to your card. Sorry that we could not help you on this occasion.

Additional Comments: Olympus 150mm F2.0 Zuiko Digital Lens
Unfortunately we have had to cancel your order; there has been a pricing error on this product. Our site has been updated with the correct price. We have not taken payment for this order. Many
 

EM2

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Needless to say I didnt get this item:lol: Though I knew that really when I ordered.

The general consensus amoung the various consumer forums that up untill payment is actually taken no contract is formed and the retailer is pretty much free to do as they choose. Once they have accepted payment and its gone out of your account (or wallet;)) things get a little different.

Correct. Any advertised price is known in law as an 'invitation to treat'. In other words, you are invited to tender that amount for the item. That does not mean that the vendor has to accept your offer, which is why if an item is 'incorrectly priced', they do not have to sell it at that price if they do not wish to. However, they *must* remove that item from sale until it has been given a minimum price that they are willing to accept.
Conversely, you are entitled to offer less than the advertised price on any item, and they can accept it if they wish.
As you say, at the point that a price is agreed and payment named, then the contract is formed.
 
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