Muffleman

Hi all,

I'm 95% sure I'm right here, but just thought I'd see if you guys agree.

We ordered a couple of furniture items a week or so ago. Placed a deposit etc, and it's all in writing. The furniture shop is now claiming that they got the price wrong and want to know if I want to pay the higher price and proceed with the order.

My understanding of Contract Law is that :

1) They offered to sell me these items at the price mentioned
2) I accepted the offer and paid a holding deposit

Therefore, I believe we now have a contract between us and that they are legally bound to perform under the terms of the contract and at the agreed price ?

So, before I get on my high-horse , am I right ?

Cheers


Matt

TonyFlow

not really sure, but check the contract doesnt have a disclaimer excluding errors and omissions

Phil

I am no lawyer but I think your right

If you buy a product in tesco's and its labelled wrongly they have to sell it at that price

vindaloo

It's not so much contract as retail, I think.

Whoever gave you the quote has to honour their obligations and absorb any difference.

J.

Nimbus

no expert but i think up until the point where you hand over money (inc a deposit) the shop does not have to sell it to you at the lower price. You enter a contract once money changes hands...

Muffleman

Cheers all.

I thought the same as you Nimbus, and as I've paid a deposit - I think I'm contractually entitled to the goods.

I think !

Matt

Phil

Money does not have to change hands to enter into an agreement

The shop has made an offer to sell

The Cutomers has agreed to buy it

END OF

IMHO of course

Frosty The Snowman

As far as I understand you have a binding contract with the seller as you have handed over your hard earned and agreed a price, their fault if they mucked up.

In regards to the supermarket labelling, that is an invitation to purchase and not legally binding. If you get to the checkout and the cashier then informs you of the error and offers it to you at the correct price you can then choose if to take it or not. If the cashier doesn't notice and puts it through at the lower price then you're quids in.


Mark

Clarebabes

The Tescos thing is wrong as far as I know. The price stated is an invitation to treat, not an offer. This was proved when in the olden days, a couple of women were done for switching price labels.

Tescos does not have to sell at the price advertised if it's wrong, but generally do so not to pi55 customers off. IMHO

Clarebabes

See also:

http://news.bbc.co.uk/1/hi/business/...omy/441740.stm

tmo

Contractually you are in the driving seat, they made an offer, you accepted by verbal agreement and then by deposit. You only had to accept verbally to make a “legally binding contract”
Do not back down, legally you are correct.
They might try the “person who gave you the price was not authorised to do so” this again is incorrect, any person or persons acting on behalf of the quote originator having issued the quote either verbally or in writing is deemed legally to be of sufficient authority to do so and therefore acts as a representative or agent of the company.

Diablo

No it doesn't. Its an offer to sell/"treat", nothing more, nothing less.

But thats not the question here.

Would need to see exactly what you've got to be able to give a considered opinion.

Muffleman

Cheers all,

I've basically got an order form, with the prices of each unit on. A total and then deposit and balance payable.

T's and C's are on the back, and I'll have a good read through them when I get home.

Cheers



Matt

Diablo

It will all be in the T & C's

Dream Weaver

Not quite right Phil.

The seller makes an invitation to treat, which means they are inviting YOU to make an offer on the product at the stated price, but does not have to accept that offer.

Even if Tescos etc had the wrong price advertised all over the shop they dont have to sell it you by law.

Dream Weaver

It becomes binding once they have confirmed the purchase to you in writing IIRC and taken the full amount.

Redkop

Make sure the contract doesn't have E&OE on it [errors and omissions excepted]

Brendan Hughes

ISTR They are not bound by contract law, it's an ITT as above. But to stop all shops tricking all their customers, it is a criminal offence against Trading Standards (??) to do this. So, they should bite the bullet. But my knowledge is 15 yrs old.

Threaten them with Trading Standards, see if they back down.

Nexuas

I have had a similar issue with a mail order company last week, I placed an order for some products and was told over the phone they were all in stock, but when the parcel arrived one part was missing and something I did not order was in the box aswell, phoned them up and they apoligised and said they would send out the parcel for next day delivery. Following day nothing, phone them up and they say they dispatched and to talk to UPS, UPS say parcelhad incomplete address and they could not deliver till monday, I really need part sodrove from Ascot to Abingdon to pick up parcel from UPS depot. When I open parcel it has the wrong item in the same product as I was sent first time. Phone up and rant, they promise it by 12 noon Sat, at 10.30am theyphone to say they do not have the part and it is a computer error telling them they have the part in stock.

I have a search on internet and can find the same product elsewhere but at 3 X's the price £149 rather than £50 from where I ordered it from.

Now the money was taken off my card on the day of the first transaction, so are they not legally bound to supply me with the part I ordered? They claim they cannot order it from elsewhere on my behalf etc, as it is not company policy to compensate for their own error?????

I pushed to get the part sent out by them, but the said they would not do it, in the end we came to a comprimise that suited me, but was not ideal as I did not get the part I ordered.

Geezer

The best advice in matters like this is to always contact your local Trading Standards Dept.

They will clearly tell you your rights, and will quite often speak to the store involved.

I'm lucky, my brother is a TSO for our local authority, so I just give him a call, and nine times out of ten, the store is trying it on. You have most of the rights. When I have had to complain officially, they are always very quick to respond.

You have to record everything if you are going to go thru this route though. Copies of letters, record dates and details/names telephone conversations etc.

It's likely they will see the light before it gets that far, because if they have a formal investigation by Trading Standards, it goes on record and potential customers can have access to this information.

Good luck

Geezer

Kieran_Burns

iTrader: (1)

Having had some fun in the past with situations like this I'd like to add that if the price that the goods were offered at were contributory to you wishing to purchase (i.e. you like the price) then the sellers are bound by that price.

I had a WONDERFUL time in a shop once where there was a HUGE poster outside saying everything for a FIVER.

I went in and made a selection of purchases and took them to the till...

"that'll be x hundreds pounds please sir"

"errr... nope £40" (8 items)

"sorry sir the bill is x hundred"

"There is a sign outside that states everything inside for a fiver"

"Oh that's only for those clothes on the rack over there"

"Doesn't say that outside, and your advert was the reason why I have attempted to buy these goods. Therefore you have entered into a contract with me to sell the goods at that price"

"I'll get the manager"
"Fine. I'll make a phone call...."

Manager comes over to hear me on the phone to the Chief Trading Standards Officer for the local council who is a mate (I neglected to mention that bit to the shop assistant). I mentioned the sign, the address of the shop and he said he's send someone down straight away.

I got the items. They got a bollocking, and the sign got removed.

Brendan Hughes

Kieran, you FOOL! Why pay £40? It said EVERYTHING for a fiver!!!

I'd have hired a transit van immediately