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Incorrect price on website-legal obligation for vendor

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  • 01-12-2012 12:23pm
    #1
    unregreg
    Registered Users Posts: 2 ✭


    I purchased an electronics product online last week. A week later, well after the payment cleared on my card, they called me to say the correct price was a considerable amount more than what was advertised/what I paid.
    What is the legal position here? As the payment has cleared, I am under the impression that the contract has been made between seller and buyer?

    As an aside, they offered me an alternative price on the product less one part of it. I agreed to pay more for this, and they took my credit card details. That amount has not been taken from my card yet.
    Does this change my legal position?

    Am I entitled to go back to them and demand the original product for the price I paid?


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    #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    unregreg wrote: »
    I purchased an electronics product online last week. A week later, well after the payment cleared on my card, they called me to say the correct price was a considerable amount more than what was advertised/what I paid.
    What is the legal position here? As the payment has cleared, I am under the impression that the contract has been made between seller and buyer?

    You'd need to check when the contract is deem completed. It's a grey area but the T&Cs probably cover them until the goods are delivered.
    unregreg wrote: »
    As an aside, they offered me an alternative price on the product less one part of it. I agreed to pay more for this, and they took my credit card details. That amount has not been taken from my card yet.
    Does this change my legal position?

    You may be in a position to enforce this despite the T&Cs as its a separate agreement.
    unregreg wrote: »
    Am I entitled to go back to them and demand the original product for the price I paid?

    You can demand it... legally enforcing it however would be another story.


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    #3
    unregreg
    Registered Users Posts: 2 ✭unregreg


    No T&C on their website


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    #4
    keithclancy
    Registered Users Posts: 9,208 ✭✭✭keithclancy


    If they took your money then a contract is in place.


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    #5
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    keithclancy wrote: »
    If they took your money then a contract is in place.
    It might be the basis of an arguable case, but the case might not succeed - especially if the price was so much lower than normal prices that there was clearly a mistake.

    As OP engaged with the vendor and agreed an alternative deal, I would say that whatever chance there was of enforcing a contract is well gone.


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    #6
    Chris_5339762
    Registered Users Posts: 5,905 ✭✭✭Chris_5339762


    This has happened before with mislabellings (eg: a TV priced online at €1). The company didn't have to honour it in the end.


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    #7
    sandin
    Closed Accounts Posts: 1,594 ✭✭✭sandin


    Here's another way of looking at it.

    If it broke before you took delivery would you expect to be responsible?

    General online contracts state the goods become property of the buyer at the point of delivery. Up to that time the contract has not been confirmed.


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    #8
    MOH
    Registered Users Posts: 6,465 ✭✭✭MOH


    unregreg wrote: »
    No T&C on their website

    At all?! Pretty sure that's not legal anyway, would make me a bit dubious about buying from them.


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    #9
    passiveshopper
    Registered Users Posts: 37 ✭passiveshopper


    Don’t know are we dealing with a genuine mistake here or is it fishing for business or worse, anyways as a backdrop you have paid by credit card which protects you should it go belly up but I would be extremely cautious dealing with merchants like this and my tupennce worth is advertising is an invitation to treat only and taking payment is acceptance of the contract, thus contract complete. I would want what I paid for.

    As for voiding contract for mistake it can be avoided having to supply at the mistakenly low price if the court finds that the would-be purchasers must have known that the advertised price was clearly a mistake.


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