Sorry, Yet ANOTHER trading Standards Question

Discussion in 'The Intelligence Cell' started by ReadySalted, Jan 11, 2008.

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  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:
    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
     
  2. 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

    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.)
     
  3. Biped

    Biped LE Book Reviewer

    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.
     
  4. 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
     
  5. 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.

    From HERE



    Hope this helps :D

    If it doesn't, you need to get out more :wink:
     
  6. 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.
     
  7. 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.
     
  8. 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.