What are the rules on incorrectly priced online sales?

Discussion in 'Classic Motorbikes' started by Lozzo, Aug 31, 2005.

  1. Lozzo

    Lozzo Guest

    I have just seen a pair of something being sold online that is
    underpriced by about 200 quid. If I were to order these two items as a
    pair, could the company demand the extra, or will I get them at the same
    price I added them to my shopping basket for?

    Is their acceptance of my order and subsequent debiting of my credit
    card a contract of sale, or can they pull out of the deal before
    delivery of the goods?
     
    Lozzo, Aug 31, 2005
    #1
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  2. Lozzo

    Krusty Guest

    The debiting of your card is certainly a contract of sale, and an email
    or webpage screen print confirming your order would be too.

    <fx: strokes Kodak digital camera...>
     
    Krusty, Aug 31, 2005
    #2
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  3. Lozzo

    BORG Guest


    if it was a TV then in the terms and condition it says they can cancel
    the order if there was a pricing error, so no it's not binding
     
    BORG, Aug 31, 2005
    #3
  4. Lozzo

    taz Guest

    Is their acceptance of my order and subsequent debiting of my credit

    IIRC there is a law, policy or something that says that if you know full
    well that the price must be wrong and the price is an obvious error
    then the product sale can be cancelled or full price paid.
    It has been tested a few times in the last few years because of
    the very same reason as you have found.

    taz.
     
    taz, Sep 1, 2005
    #4
  5. Kodak tried that with their digi camera cock-up, and it was decided
    (albeit not in court) that they'd offered for sale, people had accepted
    the offer, people had paid, and Kodak had acknowledged their purchases.
    All electronically, but no matter.

    With all those elements in place, you have a binding contract.
     
    The Older Gentleman, Sep 1, 2005
    #5
  6. Lozzo

    Andy Clews Guest

    Thus spake taz unto the assembled multitudes:
    Offering an item for sale at a given price, and your acceptance of the offer
    at that price, forms a binding contract between you and the seller, so i
    don't see how they could pull out without being in breach of contract.

    Friend of mine's mum saw a washing machine on sale in a showroom and some
    fool had mis-written the price tag on the machine as £25 when it shgould
    have been £225. She marched up to the salesman and immediately asked for
    the machine at that price (even though she didn't really need one). The
    salesman realised immediately that there had been a cockup, but to his
    credit he agreed to sell her the machine for 25 quid.
     
    Andy Clews, Sep 1, 2005
    #6
  7. That's different. A price tag etc is an "invitation to treat" and does
    not imply a binding contract. Unless you offer to pay that price, and
    your offer is accepted.
     
    The Older Gentleman, Sep 1, 2005
    #7
  8. Lozzo

    taz Guest


    I must of got my fuddled brain confused again :)
    I was sure that there have been a few case's over
    the last few years where this was tested and the seller
    won out and got full price or cancelled the sale.
    I know that if a price label on an item in a store is
    priced wrong then that item must sell for the advertised
    price. But I thought it was different for a web priced item.
    Oh well back to the garage and inhale some more exhaust
    fumes:)

    taz.
     
    taz, Sep 1, 2005
    #8
  9. Quite. One of the first things we were taught on my uni. law course
    years ago. Consumer adverts do appear to be an exception to the general
    principle though - I got the feeling that the line was diverted a bit to
    go round 'invitation to treat' years back, for the benefit of retailers,
    otherwise day-to-day ordinary mistakes would be hugely expensive.

    Incidentally, I don't think eBay is an auction in the strict legal sense
    of the term. They can say what they like about electronic 'fall of
    hammer' but at the end of the day people are merely communicating via
    the internet, although I agree it *looks* like an auction. I don't know
    how much has been tested in court here, and I expect US and UK courts
    might well take different views. I expect someone who really knows will
    be along in a mo...

    .... just don't get me started on PayPal, suffice it to say as a seller I
    am most unlikely to ever use their 'service' again.

    Regards,

    Simonm.
     
    SpamTrapSeeSig, Sep 2, 2005
    #9
  10. SpamTrapSeeSig wrote
    As a total non user, why?
     
    steve auvache, Sep 2, 2005
    #10
  11. I can't go into too much detail about my own circumstances right now,
    but my own experience was relatively trivial and a salutary warning.

    Suffice it to say if you're a buyer, I recommend PayPal, for the
    wonderful 'buyer protection' they offer. It far exceeds both the law and
    promises far more than other money-wiring service deem commercially
    sensible. I mean that. It's neither irony nor sarcasm. You'll not find a
    better deal on the planet, as many souls, some honest and some not, are
    finding out on an hourly basis.

    Just two caveats: Don't give them your bank details, and don't use them
    to receive funds. Oh, and one thing to ponder on: if they're making huge
    profits, AND they're offering very generous BUYER protection, how might
    the equation be balanced?

    The answer to this last I genuinely don't know, but I am resolved to
    find out.

    Have a look at www.paypalsucks.com if you want the gory details.


    Regards,

    Simonm.
     
    SpamTrapSeeSig, Sep 2, 2005
    #11
  12. True what the bloke in that article says, the "reasonable person"
    stance. Otoh, the Kodak offer was a believable special offer, it being
    100ukp when similar spec cameras of the day were selling at 300ukp.

    I still think Kodak made a few quid on each one, just not as much as
    they normally would have. Whatever, it certainly got them noticed by
    thousands of buyers who wouldn't have bought one otherwise, and it
    possibly generated an immense amount of customer goodwill when Kodak
    honoured the deal.
     
    Grimly Curmudgeon, Sep 2, 2005
    #12
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