wrongly priced item on website

Tingleytyke is spot on.

I have a degree in Commercial Law and now run my own business.

DT is wrong in law. Simple.

 

It's one of those common misconceptions, like 'possession is 9/10ths of the law'.

 

It also states that they will be processing your order. Not that they have, but they will. Internet sales will have even more leeway on this than in person due to the remote nature.

 

Process order surely means. Pick it pack it send it.

They have taken payment. Therefore invitation to treat. Payment offered. Payment taken.

How is that not contract formed?

I know of long distance regs. But I haven't seen anything where a payment is taken but not classed as contract formed...

Unless it can be pointed out.

I mean, to be sticky where legally you can barter face to face but you never have chance to online. They set the price online because you cant counter offer or alter the "offer"

Not being funny. Lining my own ducks up for If ever I am lucky enough to find something cheap

 

I'd say processing the order means more than just picking and packing. If it only means that then that means they get no opportunity at all to adjudicate on the offer you've made. At that stage they would argue there is no intention to form a legally binding contract, until they've had the chance to check all is ok.

 

If thats the case surely they shouldn't be taking payment until such a time they are willing to form the contract.

 

Re: not at all

Tha's wrong. I can clearly remember from my uni days - Pharmaceutical Society of Great Britain v Boots, a case from the early 50s where it was held that an item priced on a shelf did not constitute an offer capable of acceptance (and therefore a contract to sell at that price was not formed by the customer attempting to pay for it.) It is merely an invitation to treat; the customer makes an offer to purchase the item at that price when he takes it to the till. The shop is then free to either accept the offer and sell it at that price, or tell him to piss off.

 

How would that work logistically? They have to take payment at the time you order.

 

Their are ways. Might be a logistical nightmare yes but it can be dealt with after.

Take tescos. They dont take payment until goods are delivered even though you have input your card details at the point of order (or in legal jargon you offer to pay)

At the end of the day they ****ed up.

face to face is easy. As the cash is accepted its contract formed. Online whilst a different channel I haven't seen any legal term which says payment taken can't be anything but the same.

I thought someone might have been piling through the sales of goods act by now. But im just being idle and can't be arsed to look for it

 

Re: not at all

No they don't, legal fact. Check out "invitation to treat", it really will inform you of what the law says.

 

Re: not at all

I used to work in a shop, folk who thing that it must be sold at the.wrong price got annoying with their made up laws!

Doesn't the law go deeper though, ie if something is labelled incorrectly and the seller is made aware, they then have to remove the price as not to mis inform?