Sorry, Yet ANOTHER trading Standards Question

#1
About a week ago I purchased an order from the Dunelm website.
The order was Four Pillow cases, Two of Two types of pillow case, AND a Pine mirror, when I looked at the item's description there was no price, so I added it to my basket where the price on the "Basket Total" displayed the cost of the Mirror as "FREE".
I thought it was too good to be true, but maybe it was on offer, or clearence, so with an order total of about £14.99 (Exc. P&P) For my stuff, I did the transaction.
After waiting for my items to arrive for about 6 days, I recieved this e-mail this morning:
Dear Mr ****,



Ref : Waxy Pine Mirror,



Thank you for you recent order, unfortunately it has come to our notice that the waxy pine mirror featured on our website is showing at a zero value – as you can appreciate this is an error and in line with trading standards guidelines we have now withdrawn this product from our website, unfortunately we are unable to send this item out to you for free, but if you still wish to purchase this item you can do so by phoning our customer service line on 0845 1656565, delivery will be of course free as a goodwill gesture for our mistake, and I am also removing the delivery charge from your current order. Any problems please do not hesitate in contacting me, and again please accept our apologies for any inconvenience caused.



Kind Regards



April Martin

Dunelm Direct Assistant Manager

Dunelm (Soft Furnishings) Ltd.
Green Street, Radcliffe, Gtr Manchester, M26 3ED

Tel: +44 (0)845 1 656565

Email: dunelmdirect@dunelm-mill.co.uk

Shop online at www.dunelm-mill.com
I have always thought that in retail, a customer wishing to buy an item, must be sold that item at the price displayed regardless of whether the price is wrong.
However is this the case?
Can anybody offer insight and analysis on my situation and whether I should:

a) Get snotty, write them an e-mail, ring them, and kick up a fuss to get my mirror!
b) Just get on with life, and forget about it
c)Complain to trading standards

Thanks in advance, and sorry to bore you with another trading problem.
RS
 
#3
ReadySalted said:
I have always thought that in retail, a customer wishing to buy an item, must be sold that item at the price displayed regardless of whether the price is wrong.
However is this the case?
Can anybody offer insight and analysis on my situation and whether I should:

a) Get snotty, write them an e-mail, ring them, and kick up a fuss to get my mirror!
b) Just get on with life, and forget about it
c)Complain to trading standards

Thanks in advance, and sorry to bore you with another trading problem.
RS
RS - For my tuppence-ha'penny - b. It's only 11 quid (or 8, depending).

Technically, there is lots of legal discussion as to when a erroneous price displayed on an internet site is legally binding - all tied up with "offer to purchase" and "invitation to treat" - and the prevailing opinion is that it is not binding until the order is confirmed. If you thought they had deliberately displayed the low price to tempt you to buy the other stuff, you may have a trading standards or an advertising standards case (hence the stuff re cheap airlines and additional charges) but, from your narrative, the price was a surprise.

Also, this: http://www.dunelm-mill.com/cm/pricing.htm

Despite our best efforts, a small number of items may occasionally be incorrectly priced. In this unlikely event, we will let you know and this may result in orders being cancelled.
probably covers them legally. (I am not a lawyer).

Get on with life and, if it has really peed you off ( :pissedoff: ), go elsewhere for future purchases (a letter to the Dunelm MD saying what you are doing may make you feel better and only cost you a 2nd class stamp.)
 

Biped

LE
Book Reviewer
#4
You may find that, even though they have incrrectly shown the price, and you CAN insist they they honour the purchase, they are also within their rights to withdraw it from sale, citing any number of reasons. Also, if the T's & C's on the website say something like "Errors and omissions excepted", then you will probably lose.
 
#5
It could be that things are slightly different on the internet however this is what I believe is correct:

A sale requires an offer and an acceptance. When you walk into a shop and you see something marked £10, that is not the offer. That is just giving you a general guideline to the price it is. Usually it's spot on because it's not good publicity for all your prices to be complete gash and mean fark all.
When you bring that item to the till point the person on the till can charge whatever they like, usually because when they scan the item it comes up at the price displayed.
However, had the item come up differently on the till and the sales assistant then says "£15 please mate -wipe nose" that there is the offer. And it is your job to accept it or decline it.
Usually in the attempt to keep good customer relations if an item does come up more they do tend to lower the price.

Whether any of this is applicable considering this is on the internet and therefore since you can buy the item at anytime the price displayed is the offer I don't know.

Edd
 
#6
ReadySalted said:
I thought it was too good to be true, but maybe it was on offer, or clearence MY ARRSE
My Bold

Shot yourself in the foot there mate. If it ever went to court (and I very much doubt it would) the fact that you realised you thought you were getting something for nothing through a mistake, albeit on their part, would hold against you.

Trading Standards Website said:
A trader is entitled to decide the price to be charged for the goods sold and services provided.

The price on display, such as the price on the actual goods, the shelf edge price, the price given in an advertisement or on a website in most cases forms part of what the law terms 'an invitation to treat'. In these circumstances, this means that the price given by the trader forms part of an invitation for the prospective buyer to make an offer to buy, which the trader is entitled to either accept or reject. The buyer cannot insist that a trader sells anything at the marked price, whether or not the trader has made a mistake. The law does not allow prices to be fixed and, contrary to common belief, goods are not subject to price controls.
From HERE



Hope this helps :D

If it doesn't, you need to get out more :wink:
 
#7
In any event, it is unlikely that anyone offering goods free of charge would be under any obligation to provide them.

For a contract to be formed there must have been an offer, acceptence of that offer, intention to form legal relations and consideration...consideration being the price or reward which the buyer gives the seller. The consideration does not have to be money, or even have any real value, for Example as in Chapple v Nestle (1959) where chocolate bar wrappers were held to be consideration. But in your case with no consideration there would be no contract.
 
#8
I think you have got most of the answers you need already, but it is not clear whether at any time they actually accepted your order, if you have proof they accepted your order, for example a confirmation e-mail then you can claim they are in breach of contract and several traders have ound this out to their cost when things have been advertised on the web at silly prices.
 
#9
I got a confirmation e-mail saying that my order had been processed and that the funds had been taken from my account.
However in light of the complexity of actually chasing my argument into unknown territory, where I'm not even sure if I'm right, I'll think I'll just leave it and have a cup of tea.
 

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