I stumbled across a website yesterday that appeared to be giving hair products away for free, with only the delivery charges to pay.
I thought it was too good to be true, but wondered if they were perhaps using up the end of a product line or something, so decided to order some to see what would would happen.
So I ordered loads, and made payment for the delivery charges using my debit card.
Today I have recieved e-mails cancelling my order as there was a mistake on the website, and refunding the delivery charges.
I just wondered if they are under any obligation to honour the purchase at the stated price, since payment was accepted. Does anyone know?
2007-01-08
05:52:39
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13 answers
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asked by
Funky Little Spacegirl
6
in
Politics & Government
➔ Law & Ethics
Thank you Davey B for that article, though now I am more unsure, as I recieved e-mails from them confirming my order yesterday. Does that make a difference?
2007-01-08
06:17:10 ·
update #1
Sorry I meant to thank Mr DJ for that article
2007-01-08
06:17:53 ·
update #2
Nope. It boils down to contract law. In an agreement (or contract) there must be an offer and an acceptance (among other things) Them advertising the product, or products on a shop floor isnt an offer, its an invitation to treat, simply meaning that they are there to tempt you to make an offer. ts in everybodys interest, because if a company prices wrong, they can refuse your offer, and if you pick up an item and decide that you dont want it before paying for it, you arent contractually bound having accepted the offer by putting the offer in your basket. Pharmacutical society v Boots PLC
2007-01-08 06:07:02
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answer #1
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answered by Master Mevans 4
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The law of England and Wales, in a nutshell, says that when goods are displayed in a shop window or on a website for sale at a certain price, this is what is termed an "invitation to treat". This term is used when there is not an actual offer by the seller (the first requirement of a contract) where the buyer could then accept the offer, pay money consideration and then there is a contract but when the seller merely attempts to induce an offer. For example, a price-list does not amount to an offer to sell but is actually an invitation to treat. So, if goods are displayed on a website (or in a shop window or on a shop shelf) with a price tag attached, this is an invitation to treat and not an offer to sell it. Therefore the seller is not obliged to sell it. The buyer offers to buy the goods and the seller can decide whether or not to accept that offer and sell the goods.
2007-01-08 07:02:29
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answer #2
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answered by Doethineb 7
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As foofight explained really well. it doesn't matter if it's in a store or on a website, a displayed price is not binding for a store. It is only once you approach the till and offer payment that you show your willingness to enter into a contract to purchase the item at the shown price. It is then down to the store to either accept or refuse your offer. If or example you had given the cashier payment, he had accepted and then they tried to stop you leaving the store with the product you would be entitled to refuse as a contract had been offered and accepted by the cashier acting on behalf of the store. however in this case, the company never accepted payment for the goods and so never entered into a contract with you. all that happened was that you offered to purchase the items for £0 and they refused.
2007-01-08 06:20:55
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answer #3
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answered by Have2Laugh 2
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No, the criminal term for an marketed fee is an "invitation to handle", and would not form a settlement. a settlement in basic terms comes into life once you and the shopkeeper agree on a value. actually, the save would not ought to sell you something in any respect if it would not want to - in basic terms such as you do no longer ought to purchase something. it works the two techniques - you may walk into (say) Dixon's, choose a £3 hundred digicam and supply £250 for it. If the shopkeeper consents, that's a settlement.
2016-12-12 07:03:45
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answer #4
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answered by ? 4
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This is covered under contract law. The website itself is not binding, it is merely and invitation for offers.
For there to be a valid contract there must be a "meeting of the minds" meaning both parties must have understood the contract. If there was a mistake in processing there was no meeting of the minds and therefore no contract.
2007-01-08 05:56:44
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answer #5
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answered by Captain Jack 6
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In the situation you describe I don't think the company is obliged to honour the price. There was a notable case like this involving Amazon a few years back. See here http://news.bbc.co.uk/1/hi/business/2864461.stm for more.
2007-01-08 06:10:06
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answer #6
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answered by Mr DJ 2
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There are no laws (federally) which prohibit this activity. Online orders are canceled all the time if their website advertises something for an incorrect price.
The laws only apply to weekly advertisements (and the like) when it comes to honoring a price (to some extent).
Sorry to hear this happened to you!
2007-01-08 05:57:55
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answer #7
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answered by SLATE 2
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no they are quite within their right to do this. there is a law that says if a retailer advertises the wrong price they can refuse to sell it at that price. I am not sure of the exact law but i have worked in retail for many years and have come across it on many occasions. Sorry
2007-01-08 05:57:22
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answer #8
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answered by gina 5
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I think you might well contact "Trading Standards" at local council.
Having said that as others say there is no "meeting of minds". If I remember rightly a contact to purchase hare skins was void because one thought the price was "each" and the other "per dozen".
2007-01-08 06:15:40
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answer #9
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answered by Davy B 6
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Well, I think they owe you a better explanation and maybe a couple of free products because of their mistake. It sounds like you thought you had an agreement established but it doesn't sound like there is an actual contract.
I would write them a letter stating your side of the story and see if they can offer you anything for their mistake.
Good luck.
2007-01-08 06:06:06
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answer #10
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answered by Steph 5
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