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What are my legal rights (purchase)

Discussion in 'General Discussion' started by FlyingFish, 11 May 2006.

  1. FlyingFish

    Wise Guy

    Joined: 1 Jan 2003

    Posts: 1,847

    Location: Derbyshire

    Hi all

    My scenario:

    See item for sale on well known shopping site, and is something I want. So make purchase. Get email saying that my order has been received, and then get a follow up email saying that security validation has been successful and my order is being processed.

    At that point I double check their web page and notice they have upped the price to £150+ more than what I ordered my item at.

    I then check with my credit card company and they tell me that the funds have been paid. So I think great not long before item is on its way, nothing to worry about.

    I've now checked my online creditcard statement and it shows that the money was taken out..... but has now been credited back!

    The item is still listed on their web page, at the higher price and in stock.
    I have'nt had any further contact or emails.

    So legal boffins :) Where do I stand?

    If they have made a mistake with the price, does it stand as I ordered at the lower price?

    Does it make a difference that the item did get paid for, even tho they decided to credit the money back, without telling me.

    Thanks for any input
    Mick

    BTW: I havent made any contact myself yet, not knowing my rights.
     
  2. Cookie-Monster

    Mobster

    Joined: 18 Oct 2002

    Posts: 3,044

    Location: London

    check the T&C's of the afforementioned retailer and you'll probably find they deem a contract to be formed when the goods leave the warehouse, as this didnt happen they will probably deny they were contracted to issue the goods at the price you originally saw them,

    IF they deem a contract to be formed when they take payment then you have a stronger case,

    there are also implications if it was an obvious misprice, which the £150 movement in price seems to suggest it was.
     
  3. Lagmeister

    Hitman

    Joined: 17 Nov 2005

    Posts: 931

    If they took the money out, they should have sent the item out and not been able to refund you without asking / telling you before hand, check the Terms and conditions, they probably say different.
     
  4. FlyingFish

    Wise Guy

    Joined: 1 Jan 2003

    Posts: 1,847

    Location: Derbyshire

    Hi m8

    I cannot find anywhere on their site that outlines this. They only mention how to return your product and how to cancel your order, and how/where to get support.
    When it comes to the small print they seem to be lacking.


    Mick
     
  5. Nikias

    Mobster

    Joined: 12 Oct 2003

    Posts: 4,773

    Location: London

  6. FlyingFish

    Wise Guy

    Joined: 1 Jan 2003

    Posts: 1,847

    Location: Derbyshire

    I cannot seem to find the information that relates to my situation :confused:

    Mick
     
  7. Johnny Girth

    Wise Guy

    Joined: 20 Oct 2004

    Posts: 1,485

    Almost all internet shops protect themselves from pricing errors now by stating that no contract is formed until the goods are actually despatched.

    It'll be the same for you here so they can just refund the money and you haven't got a leg to stand on.

    Don't bother wasting anymore time worrying about it, just move on!
     
  8. Bracco

    Hitman

    Joined: 25 Oct 2005

    Posts: 548

    This has come up several times, where a company has mispriced an item. There will be something in their terms and conditions to cover them for mispricing. I believe it is now more of a gesture of goodwill if a company does sell an mispriced item at the lower price.
     
  9. FlyingFish

    Wise Guy

    Joined: 1 Jan 2003

    Posts: 1,847

    Location: Derbyshire

    OK life goes on :)

    Mick
     
  10. stoofa

    Capodecina

    Joined: 4 Mar 2003

    Posts: 12,122

    Location: Chatteris

    It really doesn't hurt to drop them a line.
    Even if as a good will gesture they offer you say a £10 or £20 off your next purchase - it's still a voucher :)
    I find that online stores tend to be a lot more receptive when you drop them a "Please can I ask why...." type of e-mail rather than a "I demand my item at the lower price...." type.