The legal position regarding the sale of goods over the internet?

Question

Doe's anyone know the legal position if an internet retailer advertises a product at an incorrect price and the allows you to purchase by debit/credit card and sends an order confirmation by email. Are they comitted to selling the goods at that price or can they simply refund the debit card?

Answer 1

That might depend on the state in which they are based.

If they're smart, they'll give it to you at the price you ordered it.

Answer 2

By all accounts, there has been an offer and acceptance that would give rise to a valid contract of sale despite the fact that the transaction was made over the 'net. The confirmation sent by the company is sufficient evidence of said sale together with the acceptance of payment through the debit card.

That said, it must also be determined if there was anything that would nullify the offer made by the seller. If the mistake was due to the fact that someone hacked into their system and changed the price, then it can be argued that the offer was defective such that even if the confirmation was sent, the seller can still argue against the sale.

The final answer will largely depend on the laws governing electronic commerce in your location and that of the seller, if different from yours.

Answer 3

What you might be seeing is the preauthorization hold. Wait three to four business days to see if the correct amount is hard posted. Some holds not done correctly will remain on your account for up to 14 days.

If the incorrect amount is hard posted. Go into the bank and file out a dispute. Price shown was not the price advertised-bring proof. Also, If you get double charged for the same transaction this is also a allowable dispute for a debit card.

Answer 4

The answer is as follows:
If the person sellign was a trader (i.e sold the goods in the couse of a trade or busienss) the transaction (assuming it is UK based) is covered undere the Sales of Goods Act. That imports a binding term into the contract of sale that the goods will be of marketable quality (i.e. fit for purpose)
The Consumer Protection Act also applies.
Now, turning to the sale. The law is not as you might expect it. The 'offer' is not the trader offering on your screen, but your proffering your cash/credit card.
The offer on the screen is termed 'an invitation to treat' ('treat' as in 'bargain/haggle', not as in sweeties).
The acceptance is when the trader takes your card.
So, the trader is not legally obliged to sell at the price stated, but if he charges a higher price, you are entitled to void the transaction and ask for your money to be refunded.
You are entitled to ask for the difference instead, but the trader is not legally obliged to give it to you.
However, the if you used a credit card, the issuer may well refund the difference and chase the trader.

Answer 5

A, relatively, short answer to this is yes they appear to be committed.
You are talking about contract law, and we make contracts all the time, it's a concept of 'offer' and 'acceptance' with some mutual exchange of value / benefit between the parties, a 'consideration'.
Whilst it is useful to have evidence of a contract in writing, which you have in the circumstances you outlined, the only contract that has to be 'evidenced', in writing is one relating to the sale of land, which is why you see on an estate agents sale boards, 'sold subject to contract'.
There are ways in which a contract can be voided, or mutually set aside as if they never existed but the circumstances you have outlined do not cover such situations. The real crunch here is that the vendor has confirmed the conclusion of the contract by accepting and acknowledging the money.
What I suspect, and have heard of sometimes with e bay sales is that if the sale concludes with a lower bid than the seller expected they try to avoid it rather than take a loss on what they were selling. That's tough, the law has a legal expression for it which, roughly translated means that the law will enforce an agreement properly entered into and not protect a man or allow him to walk away from his obligations just because, with hindsight he could have struck a better deal elsewhere'.
Added later for you:
Contributor JZD is correct to refer to 'invitation to treat'. This doesn't alter the principle of my answer to you and I don't suppose you want to get too tecki about it. In plain language 'invitation to treat' means this. When you see goods displayed in a shop with a price tag on them, the behind the scenes legal jargon is that the shopkeeper is saying, 'if you offer me ( the price on the ticket ) I might be prepared to accept your offer to purchase and sell the goods to you and therefore conclude our contract'. This is why you can not insist on buying something if the goods have a wrong price on them and the shopkeer declines your offer. However there are rules about not displaying misleading prices etc. which is why most shopkeepers will honour the mistakenly displayed price. In your case the trader has, on the facts given by you, accepted your offer and you have a binding contract,.

Answer 6

It's either not legit or it's legit but you might be doing some illegitimate activities. No one and I mean no one offers you a job without talking to you and interviewing you thoroughly. To a respectable company, it is, it is imperative that they choose the right employee and it could cost thousands if they choose incorrectly. Simply put, if it sounds too good to be true..... then it is probably not true. Don't waste your time on replying or finding out more info. Here's a warning sign, "our HR managers will help you apply". Well, they will help you so much to obtain as much confidential information of yours as possible. Nothing feels right about this. I would look elsewhere.

Answer 7

Sales on the internet are covered by commercial laws but the seller must be located so that the proper court action can be filed in the court that has jurisdiction over the parties.

Answer 8

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0058-1111.txt

Not sure if the above link will help you at all.