killer_pigeon Posted December 14, 2009 Report Share Posted December 14, 2009 can somebody advise please I found an internet website selling a Opticron eyepiece for £9. I thought it was a real bargain so i purchased it, with postage came to £14.95, so paid by credit card for internet safety. The site emailed me today and said due to corruption on their web page the eyepiece is actually £99 and they want to charge me full price and will not honour the £9 advertised price. is there anything i can do ? i thought once they advertised and i purchased they had to honour the price once i paid as that was a binding contract of sale? or am i juat talking ****? cheers Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted December 14, 2009 Report Share Posted December 14, 2009 when you take goods to a counter you are offering to buy those goods at the advertised price. The seller does not have to accept your offer. Therefore I would say this would mean that if a price is incorrect then the supermarket does not have to sell it. This precedant was set in a case involving the sale of knives to an under age youth. The sale of goods act might have been updated since, but when supermarkets sell stuff at incorrectly advertised prices, i am sure they do so as an act of goodwill, as opposed to them being legally obliged to sell at the incorrect lower price. Fisher vs Bell i think it was but Now, it gets slightly more interesting (but only slightly... don't get your hopes up) if you purchase an item at an obviously incorrect price and the website accepts your order and gives you a transaction number. In this case, you can argue that the contract was formed, and that they're now in breach of that contract.* Lastly, the Consumer Protection Act of '87 is also interesting (well, maybe not that interesting) as it makes it an offence for shopkeepers to knowingly give consumers a misleading price indication for an item. There's a £5K fine (I believe... but don't quote me on that) for each time a consumer was misled, and just saying "it was a mistake" doesn't necessarily absolve them from liability *The get-out-of-jail-free card that is often used in these cases is that their T&C's often include something along the lines of "subject to availability", which when they realise their mistake, they suddenly take advantage of, and you discover that their stock levels were depleted before they could process your order. Quote Link to comment Share on other sites More sharing options...
killer_pigeon Posted December 14, 2009 Author Report Share Posted December 14, 2009 i paid with my credit card and got an order number generated and an email confirmation also. i printed off the original prices while i was completing the forms so i have proof of original website. i Just need to quote some legal mumbo jumbo to get them to cavein and honour the price i genuinely paid its not my fault they screwed up with advertised price, if anything i highlighted the fact to them !! Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted December 14, 2009 Report Share Posted December 14, 2009 Hmm Id expect it for £9 to be honest lol! And if they take £99 out of your account wont that be illegal ? As you never agree'd to pay them that money Quote Link to comment Share on other sites More sharing options...
killer_pigeon Posted December 14, 2009 Author Report Share Posted December 14, 2009 the email order confirmation just says £14.95 to be taken off my card so i assume them cannot take more off me as i never agreed to the other price, but i maybe wrong ? Quote Link to comment Share on other sites More sharing options...
al4x Posted December 14, 2009 Report Share Posted December 14, 2009 (edited) Personally you were getting more than a bargain and i'm not sure you can force them to sell it at such a loss even if it is their error. Just say you don't want to go through with the transaction and chalk it up to experience, If they did take more you would be entitled to a chargeback on your card as you have proof you only consented for £14.95 Edited December 14, 2009 by al4x Quote Link to comment Share on other sites More sharing options...
Chris Bb Posted December 14, 2009 Report Share Posted December 14, 2009 I believe that Leeds Chimp is correct; they don't have to sell at the advertised price, it's only an offer. However, I would also suggest that you don't have to accept their revised price, you made the offer they countered it, you can still refuse to enter into the contract. The fact that you have paid them muddies the waters and I would strongly suggest that you involve your card company soonest, I believe that the actual contract is between them and the seller as they paid. I certainly don't believe that the seller can help himself to more funds from your card but, then, I'm not a lawyer. Best of luck, let us know how you get on. Quote Link to comment Share on other sites More sharing options...
pegasus bridge Posted December 14, 2009 Report Share Posted December 14, 2009 Leeds chimp is spot on - regarding the 'invitation to treat' - and because as they let you pay for the item at an agreed price i am sure you would be able to get this at the price you paid - good luck and let us know how you get on Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted December 14, 2009 Report Share Posted December 14, 2009 I believe that Leeds Chimp is correct; they don't have to sell at the advertised price, it's only an offer.However, I would also suggest that you don't have to accept their revised price, you made the offer they countered it, you can still refuse to enter into the contract. The fact that you have paid them muddies the waters and I would strongly suggest that you involve your card company soonest, I believe that the actual contract is between them and the seller as they paid. I certainly don't believe that the seller can help himself to more funds from your card but, then, I'm not a lawyer. Best of luck, let us know how you get on. Leeds chimp is spot on - regarding the 'invitation to treat' - and because as they let you pay for the item at an agreed price i am sure you would be able to get this at the price you paid - good luck and let us know how you get on really?? i am never right just ask the girlfriend B) Quote Link to comment Share on other sites More sharing options...
mikky Posted December 14, 2009 Report Share Posted December 14, 2009 they have sold it to you at an agreed price...its yours mikky Fisher vs Bell i think it was.....seller vs .308 Quote Link to comment Share on other sites More sharing options...
Mattw Posted December 14, 2009 Report Share Posted December 14, 2009 Careful here, when you say it should be £99 does that include postage or is it included, if it includes postage, walk away. £100 is a common point where the credit company will get involved in examples of internet fraud. I was had on Ebay with this. Ask for it at that price or ask for your money back... Quote Link to comment Share on other sites More sharing options...
killer_pigeon Posted December 15, 2009 Author Report Share Posted December 15, 2009 Hi Mattw, they are now asking for £99 for eyepiece plus £5.95 for postage they changed the web site price to £99 as soon as they spotted their mistake. Quote Link to comment Share on other sites More sharing options...
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