 | |
07-11-2007, 5:07 PM
|
#1 (permalink)
| | Senior Member
Join Date: Feb 2006 Location: Gloucester
Posts: 1,254
Thanks: Gave 138, Got 92 | Buyers rights
Just a quick question about buyers rights.
If you were to order something via the internet and had the order go through, can the vendor then cancel that order if it then becomes clear that the price was wrong and it was selling an item for less than it should - or is it classed at that vendor's problem and the order should go through?
Is it only obliged to provide the goods if payment goes through?
Realise this is probably a daft question but any advice would be useful
Thanks
__________________
Sony VPL-AW10, Sharp LC32P50e  , Sony STR-DG820, Samsung BD-P1500, Toshiba HD-EP30, Wharfedale Diamond 9.1 (fronts), Wharfedale Diamond 9.0 (rears), Wharfedale 9.CS (centre), Wharfedale SW250 Sub, Archos 5 160gb, XBOX 360 60gb, SKY+HD, a big sofa and tolerant wife |
| |
07-11-2007, 5:22 PM
|
#2 (permalink)
| | Moderator
Join Date: Nov 2001 Location: With Kristen Bell packing P2 HD-DVDs :)
Posts: 6,713
Thanks: Gave 99, Got 752 | Re: Buyers rights
Here's my take on it, hopefully someone can confirm (if I am correct that is!)
When you buy something from the internet and the price is wrong, the vendor is under absolutely no obligation to provide the goods at the price. They can easily cancel your order without any problems.
I believe there may be an issue once they have taken the payment, but even then I think they can still cancel it and refund the payment with on recourse.
__________________ My opinions expressed here are not necessarily those of the AV Forums or the associated websites. Science created him. Now Chuck Norris must destroy him! |
| |
07-11-2007, 5:27 PM
|
#3 (permalink)
| | Senior Member
Join Date: Sep 2006 Location: Manchester
Posts: 1,171
Thanks: Gave 116, Got 84 | Re: Buyers rights
Yes that's correct. Some sellers may for PR purposes honour the price, but they have no legal duty too.
IIRC Asda had a case of beer on sale for 1p or similar, people ordered cases of it, but eventually they did not get them for a penny!
__________________ Panasonic 42PX600 Sky HD  Toshiba HD-DVD XE1 Marantz 5300 amp Moudaunt Short 906i, 905i, 309i Sub. Tannoy surrounds. X-Box 360 | Go Cows | | |
| |
07-11-2007, 5:57 PM
|
#4 (permalink)
| | Member
Join Date: Jul 2006 Location: musselburgh
Posts: 846
Thanks: Gave 179, Got 180 | Re: Buyers rights
This happened to me with carphonewarehouse.
I got an email saying they were doing a bluetooth GPS receiver for £50.00
it was the latest Navman out, so i jumped on it.
told my friend about who said to order him one, went back on but the price was the original £250.00.
Got an Email from CW saying that due to a clerical error, the price was wrong and should have been £250.. and they were not under any obligation legally to full fill it, but because of customer relations they would honor the aforementioned price!  |
| |
07-11-2007, 6:12 PM
|
#5 (permalink)
| | Senior Member
Join Date: Feb 2006 Location: Gloucester
Posts: 1,254
Thanks: Gave 138, Got 92 | Re: Buyers rights
This was for an LCD TV which was advertised as £0  Put the order through, got a confirmation screen and an email, but when I went back to track it, it was cancelled. Must have been too good to be true!
__________________
Sony VPL-AW10, Sharp LC32P50e  , Sony STR-DG820, Samsung BD-P1500, Toshiba HD-EP30, Wharfedale Diamond 9.1 (fronts), Wharfedale Diamond 9.0 (rears), Wharfedale 9.CS (centre), Wharfedale SW250 Sub, Archos 5 160gb, XBOX 360 60gb, SKY+HD, a big sofa and tolerant wife |
| |
07-11-2007, 6:13 PM
|
#6 (permalink)
| | Member
Join Date: Jul 2006 Location: musselburgh
Posts: 846
Thanks: Gave 179, Got 180 | Re: Buyers rights Quote:
Originally Posted by Marky1973 This was for an LCD TV which was advertised as £0  Put the order through, got a confirmation screen and an email, but when I went back to track it, it was cancelled. Must have been too good to be true! | and you never let the rest of the members know! |
| |
07-11-2007, 8:17 PM
|
#7 (permalink)
| | Senior Member
Join Date: Jul 2004 Location: Ayrshire, Scotland
Posts: 1,879
Thanks: Gave 168, Got 246 | Re: Buyers rights
According to Amazon a contract is formed once the goods are despatched.
Liam
|
| |
07-11-2007, 8:38 PM
|
#8 (permalink)
| | Member
Join Date: Dec 2004 Location: Cheshire
Posts: 747
Thanks: Gave 50, Got 56 | Re: Buyers rights
I believe it is down to acceptance of offer, forming a contract and 'invitation to treat' http://www.weblaw.co.uk/art_contract_online.php
I think there are a few retailers that have been caught out in the past and their terms and conditions are now rewritten to allow for errors in pricing.
|
| |
07-11-2007, 9:37 PM
|
#9 (permalink)
| | Senior Member
Join Date: Feb 2006 Location: Gloucester
Posts: 1,254
Thanks: Gave 138, Got 92 | Re: Buyers rights Quote:
Originally Posted by geomuss and you never let the rest of the members know!  |  5 minutes after I put my order in, the item was sold out - a further five minutes and my order was cancelled.....just wondered whether a formal acceptance of my order and notification via email that the order was made was enough to call a contract......
having finally found their terms and conditions it seems that their acceptance of a contract occurs on dispatch - so i guess this time I am out of luck! Still, shame seeing as they were advertising it for free....oh well.......
__________________
Sony VPL-AW10, Sharp LC32P50e  , Sony STR-DG820, Samsung BD-P1500, Toshiba HD-EP30, Wharfedale Diamond 9.1 (fronts), Wharfedale Diamond 9.0 (rears), Wharfedale 9.CS (centre), Wharfedale SW250 Sub, Archos 5 160gb, XBOX 360 60gb, SKY+HD, a big sofa and tolerant wife
Last edited by Marky1973; 07-11-2007 at 9:41 PM.
|
| | | |