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Retailer pricing error

150 replies

Spoonfulofgin · 26/12/2022 16:33

Saw an item online from a well known retailer... bought it... they called me today to tell me that they had made an error with the price and I can either pay the difference or they can give me a full refund. Anybody know what my rights are please?

Thank you

OP posts:
TheLittlestLightOnTheXmasTree · 26/12/2022 17:14

Spoonfulofgin · 26/12/2022 16:50

Just want to highlight the £700 is relative... it was a high value item and it's not an obvious error if that makes a difference.

No it makes no difference

SinnerBoy · 26/12/2022 17:14

wherearebeefandonioncrisps

It wouldn't even get to court. Your legal representative will discourage you by showing you the law as per The Sale of Goods Act.

According to the CAB advice, it may be that she does have a contract, depending on what they have in their terms and conditions. Equally, she may not.

thelobsterquadrille · 26/12/2022 17:17

TheLittlestLightOnTheXmasTree · 26/12/2022 17:14

No it makes no difference

Yes, it does in law.

If you have a contract, the company can’t usually cancel your order, even if they realise they’ve sold you something at the wrong price. They’ll only be able to cancel it if it was a genuine and honest mistake on their part that you should’ve noticed.

www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-is-advertised-at-the-wrong-price/

BarbaraofSeville · 26/12/2022 17:24

After some high profile errors a few years ago, if an online retailer has any sense, the contract isn't made until the item is dispatched, so if they make an error that they notice before then, they have the right to cancel the sale.

Might not be the case here as it sounds like an expensive item, but quite often they'll notice quite quickly when multiple orders start rolling in from people who've shared the glitch on social media.

highfidelity · 26/12/2022 17:26

You have no rights. Either pay the shortfall or allow them to cancel the sale and refund you in full.

AlwaysGinPlease · 26/12/2022 17:27

£700?! So you knew it was an error and hoped you'd get away with it then op?

highfidelity · 26/12/2022 17:27

BarbaraofSeville · 26/12/2022 17:24

After some high profile errors a few years ago, if an online retailer has any sense, the contract isn't made until the item is dispatched, so if they make an error that they notice before then, they have the right to cancel the sale.

Might not be the case here as it sounds like an expensive item, but quite often they'll notice quite quickly when multiple orders start rolling in from people who've shared the glitch on social media.

Yes. This is often the reason why many retailers will not take payment until the item is dispatched.

TheLittlestLightOnTheXmasTree · 26/12/2022 17:27

😆 it will just be 'out of stock ' by now...

cherrycheesecakesouffle · 26/12/2022 17:33

highfidelity · 26/12/2022 17:26

You have no rights. Either pay the shortfall or allow them to cancel the sale and refund you in full.

Comments like this are just stupid. She’s paid and has confirmation and therefore there could be a contract made. So none of us know if any rights do it do not exists until reading said contract.

Clymene · 26/12/2022 17:34

Where does it say she has had confirmation @cherrycheesecakesouffle? I asked but the OP hasn't responded.

Aprilx · 26/12/2022 17:36

PurpleButterflyWings · 26/12/2022 16:35

I doubt you have to pay the extra. Tell them you will see them in court.

OP will lose in court.

highfidelity · 26/12/2022 17:36

cherrycheesecakesouffle · 26/12/2022 17:33

Comments like this are just stupid. She’s paid and has confirmation and therefore there could be a contract made. So none of us know if any rights do it do not exists until reading said contract.

I work in retail/online sales, so let us agree to disagree with this!

Ch3wylemon · 26/12/2022 17:36

I used to work in customer services for a furniture retailer. If your £7,000 sofa or bed was priced incorrectly I'm afraid the retailer can cancel it. I used to send links to either Which or the Consumer Rights Act just to be nice and helpful whenever customers identified themselves as lawyers and told me they'd see me in court. Wink

Hoppinggreen · 26/12/2022 17:38

PurpleButterflyWings · 26/12/2022 16:35

I doubt you have to pay the extra. Tell them you will see them in court.

And as a fully qualified lawyer you will presumably be there to represent OP

WeepingSomnambulist · 26/12/2022 17:38

You dont have a right to the item at the listed price. Retailers can cancel orders due to genuine errors in pricing. So it is up to you whether you pay the extra or cancel it.

NinjaWarriorCooker · 26/12/2022 17:40

TimeForMeToF1y · 26/12/2022 16:52

Where the judge will tell you that no one has to sell you anything at any price

The number of times this happens you'd think everyone would know by now

Do you enter court cases a lot @PurpleButterflyWings?

see them in court 😂

WeepingSomnambulist · 26/12/2022 17:41

cherrycheesecakesouffle · 26/12/2022 17:33

Comments like this are just stupid. She’s paid and has confirmation and therefore there could be a contract made. So none of us know if any rights do it do not exists until reading said contract.

All retail terms and conditions are the same. All of them.

The confirmation email does not represent an agreement for the goods. It just confirms that payment has been taken and order received by the retailer.

Consumer rights (consumer law) allowed a retailer the legal right to cancel orders when a genuine pricing error has occurred.

The only time you see errors in terms and conditions in relation to this is with tiny independent sellers who dont understand what to put on their terms and conditions. But in an absence of any conditions, consumer law would be the fall back. And that allows cancellation due to pricing error.

user1964097 · 26/12/2022 17:42

Orders are often cancelled because of pricing errors, I have had it happen a few times on Amazon. They just cancel it

dizzyupthegirl86 · 26/12/2022 17:42

Did it start with an O? We’ve had this today….

PublicTransport · 26/12/2022 17:42

There was an error but you now know the correct price for the item. Why do you think you should get something cheap because someone made an error. If you accidently transferred someone £1000 instead of £100 or handed over a £20 note instead of a tenner would you still think it was fair that the mistake stands?

The error was made and has been corrected. You can pay or get a refund.

Spoonfulofgin · 26/12/2022 17:44

dizzyupthegirl86 · 26/12/2022 17:42

Did it start with an O? We’ve had this today….

Yep

OP posts:
1idea · 26/12/2022 17:45

May be worth searching for loss of bargain damages to see if that applies.

Spoonfulofgin · 26/12/2022 17:45

Clymene · 26/12/2022 17:34

Where does it say she has had confirmation @cherrycheesecakesouffle? I asked but the OP hasn't responded.

I did reply to say I had received confirmation

OP posts:
user1964097 · 26/12/2022 17:46

Its usually shared on Hotukdeals and websites like that

Spoonfulofgin · 26/12/2022 17:46

AlwaysGinPlease · 26/12/2022 17:27

£700?! So you knew it was an error and hoped you'd get away with it then op?

Nope... as mentioned, it was a high value item... therefore not an obvious error at all

OP posts: