Online sales mistake

[rossybee]

Looking at ordering a new bed from the M&S website, which states theres a 20% discount available.

We are being told it is a mistake and they are trying to fix that, so therefore cannot honour this.

Wife seems willing to accept that but the dundonian in me says no, and we should be entitled to that as it is clearly stated on the site.

Anyone know defo about consumer rights in a situation like this?

Thanks in advance

[robin]

It might all be different for online sales, but pretty sure a bricks and mortar merchant has the option of (a) removing the product from sale for 24 hours (*) and fixing the price or (b) honouring advertised price. The point being they cannot continue to advertise one price whilst selling for a higher.

For online it's much harder - not so easy as to be able to wander over to the shelf and rip down the price tag/remove goods but I expect the intent is the same - so they should refuse to sell at any price whilst they correct the advertised price, then resume selling it.

Cheers,
Robin

*(24 hours might not be required - it might only be until the price is corrected).

[rossybee]

Thanks for this robin, site still states 20% off when purchasing two items...

http://www.marksandspencer.com/Bedstead ... /541172031

[BiggestNizzy]

If it's an obvious mistake they don't have to i.e. if Murreys started selling brand new evoras for £6,500.00 then they don't have to. But if it's not then I beleive they have to honour it.

http://conversation.which.co.uk/consume ... ps-honour/

[Dark]

My understanding, there are three stages to agreeing a contract of sale, no difference between a real or virtual shop.

1) the shop offers to sell something ie: the bed advert on the website or could be in the shop window.
2) you offer to buy the goods ie: you put the bed in your shopping basket and go to the checkout to pay
3) the shop accepts your offer to buy by accepting your payment ie: you pay cash, credit card, etc.

If the shop refuses to accept payment then the contract hasn't been concluded and you don't have a leg to stand on.

However if they have accepted your payment then they have agreed a contract of sale and should, in theory, have to honour the sale.

Saying that there is bound to be some vague condition in their T&Cs (that you accepted at checkout) that gives them a get out clause in case of mistakes, unavailability, etc, etc.

Lots of good stuff on the Citizen Advise website.

Mark

[Corranga]

My understanding, there are three stages to agreeing a contract of sale, no difference between a real or virtual shop.

1) the shop offers to sell something ie: the bed advert on the website or could be in the shop window.
2) you offer to buy the goods ie: you put the bed in your shopping basket and go to the checkout to pay
3) the shop accepts your offer to buy by accepting your payment ie: you pay cash, credit card, etc.

If the shop refuses to accept payment then the contract hasn't been concluded and you don't have a leg to stand on.

However if they have accepted your payment then they have agreed a contract of sale and should, in theory, have to honour the sale.

Saying that there is bound to be some vague condition in their T&Cs (that you accepted at checkout) that gives them a get out clause in case of mistakes, unavailability, etc, etc.

Lots of good stuff on the Citizen Advise website.

Mark

I think this doesn't quite work with online retail simply because they automatically take your payment (whilst in store they physically do it and hand you the goods).
I've ordered plenty of things online that turn out to be mis-priced items and had refunds automatically processed, some get honoured, some don't.

Do some google searching of "invitations to treat” and “offers to sell"
I reckon Mark describes the latter, but online sales are the former.

[rossybee]

Epic fail

Wife paid full whack, minus 7% discount thru her work (DWP) - better be f*cking comfy

[robin]

If she paid full price and they are still advertising 20% discount then there is deffo something wrong. This is covered by the Trades Description stuff, though again, I cannot be sure how those apply to online selling. In an actual shop it would be a breach of the act to offer something for sale at one price, only to come up with another price at checkout.

I would be pushing for a refund.

You have time to cancel any online sale I think, so go ahead and cancel it (subject to rolling pin in the face from the mrs) and tell them you want it at 27% off or not at all

[Doc883]

If she paid full price and they are still advertising 20% discount then there is deffo something wrong. This is covered by the Trades Description stuff, though again, I cannot be sure how those apply to online selling. In an actual shop it would be a breach of the act to offer something for sale at one price, only to come up with another price at checkout. I would be pushing for a refund.
You have time to cancel any online sale I think, so go ahead and cancel it (subject to rolling pin in the face from the mrs) and tell them you want it at 27% off or not at all

You could always return it for a full refund under the Distance Selling Regs but you may end up sleeping on the garage floor

[robin]

You can sleep in your car, but you cannot race your house .. just saying

[Corranga]

It's probably not that bad a deal, sleep on it and see what you think