I've just ordered a Nintendo Wii online and when I placed my order it was advertised at £159.99. After an hour or so went by, I contacted them as I hadn't received any confirmation e-mails back from them.
They said they hadn't confirmed the order because they had just changed the price to £169.99 and were refusing to sell me the item for the advertised price when I ordered it. It is now showing the updated price of £169.99 on their website, can they do this?
(Mr Darren Kendrick, 9 October 2008)
A.
On the high street, if an item is advertised at the wrong price, the company selling the goods or services has to remove the items from the shelf. There is no obligation to 'honour' the advertised price and therefore no binding contract for sale. However, as a goodwill gesture it is not uncommon for larger companies to allow the consumer to pay for the item at it’s mislabelled lower price.
The same ‘no obligation’ principle applies to websites and online shopping stores in the UK. If the price advertised on the website turns out to be incorrect, then the seller does not have a legal commitment to complete the sale. Remember that an advertised price is not a contract of sale. It is therefore acceptable that the seller can refuse to complete the transaction if the price has changed.
It is probably right to assume that the company that you tried to purchase your games console from consider the information to have been ‘out of date’ or in the process of being updated, and was not deliberately deceptive in their advertising. The fact that no order confirmation was sent through means that the company did not accept or acknowledge a sale, and the goods remain their property. The company has the right to decline your order.
If the company you were trying to buy from was based in the UK, they will be under the regulation of the British Code of Advertising, and the Control of Misleading Advertisements Regulations. The British Code of Advertising “requires all forms of non-broadcast advertising to be legal decent, honest and truthful and to be prepared with a sense of responsibility to both consumers and society”.
Therefore, if you have any complaints, you can always try contacting the Advertising Standards Authority (ASA) in writing if you feel that the matter should be taken further. You can also try contacting Trading Standards. However, you should be aware that it is unlikely that any action will result in compensation, especially as technically the product was not sold. It is also unlikely that the advertised price was deliberately misleading, and so the likelihood of any action being taken by Trading Standards or ASA is fairly minimal.
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We placed order for a product that the web page showed as a one day lead time, we actually received the item 10 months later and in that time the supplier had a price increase and are now trying to charge me the new price, where do I stand with this.
Parker - 4-May-23 @ 3:27 PM
I bought and paid for an item online.
The payment has been processed & I received an email conformation/invoice
The company has since emailed to say the item was priced wrong online & I need to pay an additional £850
Don't they have to honour my sale as they have entered into a contract of sale?
D2440 - 3-Jan-23 @ 4:58 PM
Hello I order a ring on selfridges yesterday for 700€ payed and confirmed this morning they cancelled the order without sending me an email telling me they don’t have the size they corrected the price and still have the size wich is not normal they should send me my order no? Not my fault if they done a mistake… and now they ban me from the chat.
Ema - 24-Oct-22 @ 2:09 PM
I recently ordered an air fryer online at an offer price. The payment was taken and order confirmed.
After approximately 10 days I received an email saying my order was being cancelled and my account credited (not refunded) due to the item being out of stock, the item was still advertised with stock available but at a greatly increased price.
I contacted their CS and and was told I could have a refund and reorder via the website at the increased price.
My question is: Am I entitled to the item at the price originally advertised, confirmed & paid for?
Thanks in advance
PaddyJohn - 20-Sep-22 @ 6:53 PM
Hi, hope someone can clear this up… ordered garden furniture in May with ETA of end July/beginning of August. Paid a deposit on ordering with the balance due on delivery. Chased beginning of August… told its being shipped over and new ETA end of August/beginning of September.
Chased again. Awaits response.
Same set is still advertised on their website but at £1000 increase in price.
I suspect on reply that they will offer my deposit back; this doesn’t assist; I want the goods at the price agreed.
Where do I stand with this?
Inneedoffurniture - 24-Sep-21 @ 5:16 PM
I've purchased a chainsaw online yesterday from Congleton Garden machinery for £766 advertising a 16% discount, I spoke with a rep on the phone who told me the saw was £1259 . But I had already purchased at £766 online . Do they have to honour the original price of £766 .. ???
I see the listing has been removed the following day . But they have taken my money .
Jones - 13-Apr-21 @ 5:31 PM
Question:
My sister and I bought 2 sunloungers online for 19.99 each . After paying and receiving them . 3 hours later the company has emailed saying they shouldn't have been sold at that price and there was a mistake of the online price. They want us to ship them back (even though we have put 1 up) and they will give us a refund. Do we have to send them back? Please advise
Litkat12 - 1-Feb-21 @ 9:11 AM
I booked a holiday for 2021 via a website.
I paid the deposit and today Received an email advising that the price was wrongly advertised.
When I spoke to the company they said they didn’t need to honour the price. I was under the impression that as I paid the deposit at this price it a legally the price of my holiday can you please advise
Pavitt - 27-Nov-20 @ 10:18 AM
An item of furniture on an established website is advertised at £0.20 with free delivery. Would I be crazy to buy this using my Debit Card? Part of me wants to have a bash and another part (my gut feeling) is saying No!Please advise.What would you do?
Nervous - 28-Sep-20 @ 6:38 AM
15 July ordered Samsung A10 phone from Currys through e.bay, advertised at a reduced price. Took my money. advised tracking number,gave me an order number.
After numerous e-mails advised that the item had been despatched still not received it and no refund.
Phones are in stock being advertising at full price now.
Do they have to supply me with the phone at the advertised reduced price?
Santa clause - 29-Jul-20 @ 8:59 AM
I bought a limited edition print from an art gallery for £2,000. After having sold out, they have them priced online now for £3,950 so I approached them to sell mine for the higher price but they say the increase in value listed is the insurance value. Are they allowed to publicise a higher price and mislead customers in thinking their work is worth more? Nowhere online does it say the new value is an insurance value.
SBL - 20-Feb-20 @ 1:48 PM
Hi..I ordered a champion hoodie from topman at £41.25. When it arrived the label on it says £25. Can I request they refund me the difference? They say no. Any advice please.
Cathy - 30-Nov-19 @ 6:55 PM
I ordered a fridge freezer from Amazon at £371 paid for it, money has left my bank the next day they cancelled my order and told me to reorder which I went online to do and it’s now priced at £889 I have contacted them and they will not honour the price I paid for it and say I have to pay the higher price although they accepted my order what are my rights please
Julie - 11-Oct-19 @ 4:38 PM
I saw an on line advert selling an item at £260 half price and the ad said the price would be £247 with a voucher I tried to use the voucher code and it didn't work. I emailed the company to ask if they could action their voucher and they said the voucher wasn't valid on that item yet their advert for the item clearly states the reduced price with the voucher. Can company's advertise like this?
Julia - 1-Oct-19 @ 1:15 PM
My comment is not quite the same as others. I regularly buy digital products on iTunes, if you do beware that some films, especially Christmas or valentine movies, which can cost up to £13.99 for a hd copy, can also be found in the TV section of the store at the price of £2.49 for hd and £1.89 for sd. This is a massive price difference, as you can see, I, luckily, found this out before I purchased any, and own many movies from iTunes I have bought for under £2.50 that are advertised, on their own site, at the same time as nearly £14. My advise if you buy from iTunes, check the TV section for movies, to see if they also list there, generally they do not list running time in TV, like they do in movies, but if the description fits, it generally is the same title. I have personally saved a fortune like this and hope you do. I don't know if this practise by iTunes is legal as you can by, whoever you are, at both prices, so it's worth a look, next time you buy.
Demonize - 15-Aug-19 @ 5:06 PM
On the company dealership website i paid a £250 deposit to reserve a car via Paypal. The price of the car is £8290. They said it has been listed incorrectly and should've been £22,490. They won't sell it at the lower price and have said they will refund the deposit. Do they nave to honour the original price displayed as i paid a reservation deposit with a view to seeing and purchasing the car?
Thankyou
Robinson905 - 14-Apr-19 @ 1:45 PM
Bgbgbg - Your Question:
I ordered a rug from the range yesterday for £19.99. I received my confirmation email. I then received an email saying my order had been cancelled as the item is out of stock but when I checked the website it is back in stock but now listed for £59.99. I called customer services and was told sorry and that the rug was in stock but I had to email a different department for information. My email was ignored so I called again and I’m now being told the item is out of stock, when I can see on the website that it is in stock. Do I have a right to the rug at the lower price as they have emailed me false information?
Our Response:
No, you're not entitled to the rug at the error price but you are entitled to a refund if you've already paid.
OnlineShoppingRights - 29-Jun-18 @ 3:47 PM
I ordered a rug from the range yesterday for £19.99. I received my confirmation email. I then received an email saying my order had been cancelled as the item is out of stock but when I checked the website it is back in stock but now listed for £59.99. I called customer services and was told sorry and that the rug was in stock but I had to email a different department for information. My email was ignored so I called again and I’m now being told the item is out of stock, when I can see on the website that it is in stock.
Do I have a right to the rug at the lower price as they have emailed me false information?
Bgbgbg - 29-Jun-18 @ 11:05 AM
Hi I hsve preordered an item on a retailers website and paid the relevant price with a dispatch fate of later this month which as I'm not on a rush for the item was Acceptable.
I now notice that the item has been reduced further with a not in stock tag line. Can I truest that the reduced price is honoured on my order?
Lb - 11-Jan-18 @ 11:53 PM
I recently purchased a game online it then turned out they had priced the item wrong. I was awaiting a download code, the order status was confirmed but then changed to cancelled. Is there anything further I can do?
Dave - 21-Dec-17 @ 10:14 AM
I recently purchased an expensive tap online for around £30 but it clearly should have been around £400 as that is what others were selling it for. I paid and they accepted payment then I received an email saying please accept this as confirmation an re stating the low price of £30. At this point I feel they were legally obliged to supply it. Today I received an invoice which just showed a credit and a note that this was due to pricing error. Clearly they messed up and are hoping I go away. I don't want hassle but legally, surely they have to provide the item now. What do you think?
Strider - 2-Oct-17 @ 3:46 PM
I ordered a case of 3 wine through amazon, paid and got order confirmation. When the goods arrived there was only 1 bottle. I emailed the vendor through the correct route via amazon who said it was a mistake and they won't send any more. Can they do that?
Wardy - 3-Dec-16 @ 9:51 PM
Jo - Your Question:
Hi, I payed and placed an order on line for an electric fire on Black Friday 2016. I received an email confirming payment but no email with regards to delivery.After waiting several working days, I rang the company. I was advised they would get back to me. After waiting a day. I phoned again and was told they would enquire and get back to me. I later received an email explaining that the item had been wrongly priced due to human error. I was very understanding and appreciated the honesty. I rang them up to discuss the matter and explained that I understood and not to worry. I could not afford the payment update and the person said she would personally go to the warehouse, take some photos and send them to me of suitable alternatives. After waiting several hours, I received 4 photos with no information about the products. I rang once again to enquire about energy output ect, and decided to choose 1 of the fires. I asked before placing the order, could she send me confirmation of the fire details. Several hours later, I received an email advising me of the price-£250 more! So disappointing. I had explained that I could not afford much more than I had already spent and that I had already freecycled my current fire! Now, when I have once again rang, the person dealing with me is busy and will contact me later. What are my rights?
Our Response:
You should be given an immediate refund for this as it was the retailer's mistake.
OnlineShoppingRights - 1-Dec-16 @ 2:45 PM
Hi, I payed and placed an order on line for an electric fire on Black Friday 2016. I received an email confirming payment but no email with regards to delivery.
After waiting several working days, I rang the company. I was advised they would get back to me. After waiting a day. I phoned again and was told they would enquire and get back to me. I later received an email explaining that the item had been wrongly priced due to human error. I was very understanding and appreciated the honesty. I rang them up to discuss the matter and explained that I understood and not to worry. I could not afford the payment update and the person said she would personally go to the warehouse, take some photos and send them to me of suitable alternatives. After waiting several hours, I received 4 photos with no information about the products. I rang once again to enquire about energy output ect, and decided to choose 1 of the fires. I asked before placing the order, could she send me confirmation of the fire details. Several hours later, I received an email advising me of the price-£250 more! So disappointing. I had explained that I could not afford much more than I had already spent and that I had already freecycled my current fire! Now, when I have once again rang, the person dealing with me is busy and will contact me later. What are my rights?
Jo - 1-Dec-16 @ 9:22 AM
Hi
I ordered a nursery furniture set advertised at 188 I paid for it and awaited its arrival
But never heard anything so emailed them they advised me I would receive this in two weeks I was contacted by the supplier telling me I could receive the cot and the rest next week but I asked for it altogether I have been told today that it was priced wrong and now I have to pay more to receive it what can I do!!
Mand - 28-Jul-16 @ 6:34 PM
Jaq - Your Question:
I have been sent an email from Victoria bathrooms with a SALE price for a bathroom set of £119.95 I have looked for this specific set and o. The picture the set is approx ?400 plus because this email has been sent directly to me can I insist on the set at the special SALE price I have contacted them and await a reply Thank You
Our Response:
You need to establish whether it's a mistake or whether it only applies for a limited time etc. If you feel this is misleading marketing, you might consider reporting them to the Advertising Standards Authority
OnlineShoppingRights - 25-May-16 @ 10:15 AM
I have been sent an email from Victoria bathrooms with a SALE price for a bathroom set of £119.95 I have looked for this specific set and o. The picture the set is approx ?400 plus because this email has been sent directly to me can I insist on the set at the special SALE price I have contacted them and await a reply
Thank You
Jaq - 24-May-16 @ 9:28 AM
I have ordered 4 tyres online for a reduced price. I have received a confirmation email with the correct sum.
The next day the supplier has sent me an email with tracking information and a confirmation again but the price went up nearly 3 times. The tyres came this morning but I have refused to take them so they went back with the courier.I have contacted the company selling them and they said there was an error on website and the prices where wrong. They have cancelled the order. Can I claim those tyres at the price I had the confirmation for?
Seb - 11-Apr-16 @ 11:22 AM
hutz - Your Question:
I ordered some stuff on a Black Friday Deal. I paid for it, received a confirmation email for both the order and the payment. I went back in to the company to check delivery address the next day and the order had disappeared. When I rang the company they had no order confirmation, I emailed them mine and the chap then found a print out of mine but no electronic copy.Now the person I spoke to said they order was removed due to a pricing error. I was not informed and they still have my payment. My big gripe is that under normal circumstances I would have questioned the price, however due to these items been advertised on a Black Friday Deal Page of their site I am furious.Will this come under a mistake in advertising or a misleading advert?
Our Response:
As this is a mistake, you should receive a refund. There is not much esle you can do unless you think the company was deliberately misleading people by promoting prices for non-existent items or incorrect prices in order to persuade people to buy at a different price.
OnlineShoppingRights - 1-Dec-15 @ 12:27 PM
I ordered some stuff on a Black Friday Deal...I paid for it, received a confirmation email for both the order and the payment.I went back in to the company to check delivery address the next day and the order had disappeared.When i rang the company they had no order confirmation, i emailed them mine and the chap then found a print out of mine but no electronic copy.
Now the person i spoke to said they order was removed due to a pricing error.I was not informed and they still have my payment.
My big gripe is that under normal circumstances i would have questioned the price, however due to these items been advertised on a Black Friday Deal Page of their site i am furious.
Will this come under a mistake in advertising or a misleading advert?