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Enjoying an internet store's mistake
Mayday
Cutting edge goblin techRegistered User regular
Cutting edge goblin techRegistered User regular
Hello.
Let me start by saying that yes, I am an evil person.
A British online store I know has had some kind of problem with their prices. One category had every item priced at 1GBP. So I bought. Lots of them. And paid for them. And received an automatic confirmation for my order.
Now, I assume the company will be trying to undo this business, that's fairly obvious. I will obviously agree (in exchange for a discount on a future deal or some such small favour) but I'd like to use this opportunity to try and learn more about my rights.
According to my country's Civil Law, they are obliged to fulfil the agreement. Is it the British law that applies here or mine? Or maybe there's a general European law for this?
I guess a credit note is their way out? Not sure how that works!
I'd appreciate your input.
Let me start by saying that yes, I am an evil person.
A British online store I know has had some kind of problem with their prices. One category had every item priced at 1GBP. So I bought. Lots of them. And paid for them. And received an automatic confirmation for my order.
Now, I assume the company will be trying to undo this business, that's fairly obvious. I will obviously agree (in exchange for a discount on a future deal or some such small favour) but I'd like to use this opportunity to try and learn more about my rights.
According to my country's Civil Law, they are obliged to fulfil the agreement. Is it the British law that applies here or mine? Or maybe there's a general European law for this?
I guess a credit note is their way out? Not sure how that works!
I'd appreciate your input.
Mayday on
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This discussion has been closed.
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You, the buyer, accepted this invitation to treat, and made an offer on <item> at the asking price.
The store then sends a confirmation of your offer - the order confirmation email.
Generally speaking, these now include a disclaimer stating that no contract has been formed until item dispatch , rather than acceptance of your offer. If the confirmation email does not state this, you may be in the clear - but most big retailers got stung (or saw what happenned to rivals) at the start of the internet era, and include this disclaimer as standard.
If they do have this standard disclaimer, they are under no obligation to you until such time as they dispatch the goods, at which point you're in the clear.
The seller will also generally indicate in their T&C's which region's laws are applicable to their sales - this is effectively a condition of contract. Given it's a UK store, I'd expect UK law to apply, the shop not to dispatch, and you to have no recourse.
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One interesting detail I've noticed is this bit in the T&S (which is fully included in the confirmation email):
First it's
"When you place an order, we will treat it as your offer to buy goods. XXX does not intend to be legally bound by a contract at this stage."
But then it's:
"The goods will become yours as soon as you pay for them in full."
(Errors or Omissions - basically saying that if they screw up their web page, they don't have to send you goods at the advertised price)
In practice, at best you'll probably get a polite email apologising for their being out of stock of the goods you have requested, and notifying you that they've retuned your payment.
You probably won't get shit and you don't deserve a thing. Don't grow up to be a terrible person.
Under most system of laws, you don't have the right to take advantage of the obvious mistakes of others.
That note in the parenthesis was not a comment on what I believe I deserve, but rather what I have experienced in the past in similar situations (though I've never encountered an error quite so obvious). So basically, I'm agreeing with you here.
(Although a "sorry for the fuck-up would be nice).
EU consumer protection laws covers this. If you take advantage of some offer that is like half price by mistake and it's some item type that there is often deals on then you might be able to make a deal stick, however when something is an obvious mistake then you have no chance.
Instead of doing the evil thing you should have informed the shop of the issue. They might even have given you some sort of bonus for doing so.
Ah, that's very convenient for both sides then! Didn't know this, thanks!
Actually even in a Brick and Mortar store its counted only as an invitation to make an offer at that price - the store is under no obligation to honour it. Of course, if its illegal for anyone to deliberately give misleading or wrong prices (and they can be prosecuted for doing so), but in this case it sounds like a genuine mistake.