Surely They Can't Do This, Or can they?

biffabacon · 20-11-2006, 8:17 PM

Hi all,

Can you help? I bought an MP3 Player via the www on Sat and everything was fine. Today I reeceive a call from the shop telling me that they had sold at the wrong price and will be cancelling my order?

They have put the price up and told me I can leave my order and they will increase the damage on my C/C???

Surely they cant just change prices willy nilly or can they? What's to stop them putting it up in another2 days if I re order with them?

Is this goverened by Trading Standards, does anyone know?

Thanks.

Andy.

ijd · 20-11-2006, 8:30 PM

unfortunately they can decide not to sell to you, they have given you a choice, pay the extra or dont buy it

Badger0-0 · 20-11-2006, 8:30 PM

They usually have a line that says "all errors and omissisions excepted", or such like.
I don't think it's illegal, but if it's only a few quid, the shop usually honours the deal. If it's a lot of money, I doubt you can do much about it.

I'm happy to be corrected here though

biffabacon · 20-11-2006, 8:54 PM

Thanks guys, will call them tmrw and give them ****.

Hopefully they will honour their mistake.

Andy.

gazzerdaman · 21-11-2006, 12:58 AM

Had they sent you an order confirmation and delivery date. If they've entered into contract with you, you have legal rights.

However if you just placed and order and recieved no confirmation their perfectly within their rights to not sell it to you

Knyght_byte · 21-11-2006, 4:26 AM

aye, i might be wrong, but if the already debited you an amount then its tough on their part.....they cant then debit more....

if the order hasnt been processed at all then i think they are within their rights to change due to the clauses that are usually printed onsite....

worth checking the trade descriptions acts and distance selling reg rules tho to be sure...

treacle · 21-11-2006, 12:36 PM

I think you'll find the C/Card isn't debited until delivery.

Well thats my experience.

biffabacon · 21-11-2006, 9:47 PM

Having spoken to Trading Std's and Mint, my C/C they both are adamant that they cant do what they are doing. Will be calling them tmrw to tell them the good news.

Avoid, www.phaselogic.co.uk if you dont want the same hassle's....

Thanks for the replies.

Andy.

Jenn · 22-11-2006, 9:43 AM

Did they actually charge you before all this happened?

Because there's no way that a company is forced to honour a price on their website or even that you ordered if they haven't confirmed the order (by for example charging you).

http://www.tradingstandards.gov.uk/c...V1011-1111.txt

markbingo · 22-11-2006, 2:28 PM

This from their website:
"Prices are subject to change without notice. Specifications are subject to change without notice. Any errors on the online invoice will be corrected in the final invoice and you will be notified of the changes. All orders will be charged to relevant credit cards IMMEIDATELY upon placement of order. The charges will bear the name of 'phaselogic.co.uk' on customer's credit card statement. We recommend to print out a copy of transaction data. "

So apart from the bad spelling AND grammer in the above, it seems they may well have charged your card already. So you should have a valid case of "up yours" for them!

Good luck.

P.S. The quality of their websites logo should have given you an inkling as to how they might conduct their business

**IronGiant** · 22-11-2006, 4:09 PM

"Any errors on the online invoice will be corrected in the final invoice and you will be notified of the changes"
So they debit your card when they receive the order and if they made a "mistake" in the online invoice they reserve the right to re-debit the card and issue a new "final" invoice.

Is that legal?, even though you probably agreed to it by placing the order, nothing like that should affect your statutary rights as a consumer.

Jenn · 22-11-2006, 6:13 PM

No they can't change the price invoiced like that.

They can advise of a price change before processing the order but not afterwards.

biffabacon · 23-11-2006, 7:27 PM

My C/C was debited on the day (Sat) the order was placed. They then phoned me up the following Monday saying they are putting the price up.

Have had heated debates on the phone with them all day yesterday. they are not willing to accept and Consumer Direct or Trading Std's whatever they call themselves, now say I have to go thru the small claims court. I cant get anyone to give me a straight answer.

Anyone know how to contact Trading Std's direct on the phone witout going via this Consumer Direct shower of fanny's?

Cheers all for the info...

Andy.

hufartd · 23-11-2006, 8:14 PM

Just contact your C/C company your debt is with them not phaselogic.
let the card firm go to town on them.

Jenn · 23-11-2006, 10:15 PM

Can't you simply cancel the order?

You wouldn't get the mp3 player at the lower price but if it was me I wouldn't want to deal with the company at all.

biffabacon · 23-11-2006, 10:29 PM

Quote:

Originally Posted by Jenn

Can't you simply cancel the order?

You wouldn't get the mp3 player at the lower price but if it was me I wouldn't want to deal with the company at all.

Thats what I'm thinking m8, for £11 I can get it from Amazon who'll not **** me about.

Andy.

**IronGiant** · 23-11-2006, 10:44 PM

You can get it for £11 from Amazon...

Please tell me you meant for £11 more...

Dave

biffabacon · 23-11-2006, 10:55 PM

Quote:

Originally Posted by Regmarch

You can get it for £11 from Amazon...

Please tell me you meant for £11 more...

Dave

Ye sorry m8, didn't mean to confuse lol

Andy.

**IronGiant** · 23-11-2006, 11:01 PM

Thank goodness for that

Dave

Knyght_byte · 24-11-2006, 12:16 AM

i almost always go with Amazon when i buy online, sometimes cheaper, sometimes a little more expensive, but one thing i know is it will get to me, and on the two times out of many that it didnt, they sorted out within a day of me emailing them and even gave me a voucher to make up for it

i bought Lost series 1 on sunday night from HMV as they had it for £27 with a voucher discount.......annoyingly i went on amazon at just gone midnight and they had dropped it from £42 down to £27 as a general pricing....if i'd waited and ordered from Amazon i'd have had it yesterday even on super saver.....still no joy from HMV, was despatched monday??....better arrive tomorrow or i'm gonna be mightily annoyed!

Sonic67 · 24-11-2006, 1:15 PM

Is this any use?

http://www.bbc.co.uk/consumer/your_rights/goods.shtml

retailer doesn't have to sell an item at the marked price

Generally speaking, in contract law terms, a retailer doesn't have to sell an item at the marked price. For there to be a binding contract there has to be an offer which has been accepted. In the context of sale of goods, the offer is made by the customer when they present the goods at the payment point (if the customer offers to buy the goods at the marked price).

The till operator is then free to accept, or reject, that offer. This means that if a till operator spots that goods have been mispriced, they can reject a customer's offer to buy at the incorrect price, and offer the customer the chance to buy at the correct price.

The customer may decline or accept that offer as he or she chooses. Inevitably, retailers will make the odd mistake over pricing, but if you become aware that a certain retailer makes a regular habit of doing it, we suggest you report the retailer to the trading standards department of your local authority. In certain circumstances, misleading pricing will amount to a criminal offence, and trading standards departments have the authority to investigate, and, if appropriate, prosecute.