Accidentally ripping off a designer - WWYD?

[MeganPoppins]

I've been saving up for something for quite some time, and today I bought it. It's a handcrafted item. The crafter sells several different ones on her website, and one was "custom design" - she will make whatever you specifically want. I chose this option though was surprised it was no more expensive than the others.

I sent across the description of what I wanted her to make, and she replied saying that I would need to choose from the available selection. I replied back saying that I thought I could choose whatever I wanted, as that's what it says in the description. It turns out that she'd put the wrong price on the "custom" item and it should be a lot more expensive than the other items. She was very nice about it, and once she realised her mistake said that she would honour it. I feel a bit terrible - thinking about it, it was obvious that a custom design should cost more. I haven't replied to her yet. I feel I should either pay more for what I really want (though I'm not exactly sure how much it should have been), or choose one of the others.

YABU - take her up on the offer and get the custom design at a discount
YANBU - offer to pay more / choose a cheaper item

[quote WhereverIGoddamnLike]@FenellaVelour

You're wrong. Any good independent (or any retailer) will have terms and conditions which allow them to cancel an order before dispatch for any reason. The confirmation email doeant change that.

Most independents will use boiler plate terms and conditions, and that's almost always in there.

Online retailers cancel orders, after confirmation, a lot for this reason. Remember when Next sold those sofas at £90 instead of the massive price they should have been by mistake; their confirmation emails are automatic. They cancelled all those orders.

She doesnt need to honour it.[/quote]
See the link I posted earlier.

Once a confirmation email is sent, the contract is formed as the offer to purchase has been accepted. If it can be proven that there was (a) a mistake and crucially (b) the purchaser would have been award of the mistake, the contract may be voided. But (b) would be hard to prove in this case.

I used to work as a consumer legal adviser.

Oh, and any term in the contract allowing for “cancellation before dispatch for any reason” would not be a legal term. Once the contract is formed, it’s legally binding.

@FenellaVelour

Have you never received an email after ordering something which states in the small print that this email is confirmation of payment but does not constitute acceptance of your order. The order is only accepted once dispatched.

I hired a rather expensive lawyer to do all my terms and conditions, but the same is very often found on sites like etsy.

Most retailers have clauses now which state that a contract is form on dispatch of the goods, and that confirmation emails are simply acknowledgment that a payment has been received.

[quote WhereverIGoddamnLike]@FenellaVelour

Have you never received an email after ordering something which states in the small print that this email is confirmation of payment but does not constitute acceptance of your order. The order is only accepted once dispatched.

I hired a rather expensive lawyer to do all my terms and conditions, but the same is very often found on sites like etsy.[/quote]
Yes, that’s different from a confirmation of order, which many retailers still use. Most times when I do receive a confirmation of payment, it is then followed by a confirmation of order fairly soon after. I don’t think I’ve seen a term that order is only accepted upon dispatch.

I think this is derailing the thread somewhat. The question is more of an ethical nature now.