# Ordered item online for free - Admin Error on website - Question?



## kormak (15 Feb 2010)

Hi Folks,

I noticed a 8' surf board for sale online marked at €0.00 + free delivery.
I duly ordered this through my Paypal and received an official order form/invoice, etc... from the company.
Since then I received a voicemail from this company telling me:
"This is an admin error on their part and we cannot process your order, they want me to re-issue the order as they have resolved this error"!

what should I do here?

I've read the terms & conditions and there's no mention of this process.
As far as I'm concerned I seen a product for sale (all be it free!), ordered it, got an order form and now they don't wanna send it! 
anyone know do I have any rights here?
should I just ring them back and say "No sorry, your mistake!"

ps. if anyone has any "moral" objections to this please don't bother posting.
This is fair game in my book! 

ideas???


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## jhegarty (15 Feb 2010)

You didn't pay anything so there is effective no  contract. 

Both legally and morally you are onto a loser in spending time on this.


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## gipimann (15 Feb 2010)

A similar situation occurred a few weeks ago, where pixmania were offering a blu-ray player for €1.05 plus delivery.

Anyone who ordered it at that price got an email to say that their purchase wasn't being processed and their money had been refunded.


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## z104 (15 Feb 2010)

It was a mistake on their part but it does not entitle you to buy it from zero value.


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## kormak (15 Feb 2010)

kormak said:


> Hi Folks,
> 
> ps. if anyone has any "moral" objections to this please don't bother posting.
> This is fair game in my book!
> ...



and yet some people just can't help themselves!


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## seantheman (15 Feb 2010)

kormak said:


> This is fair game in my book!


 
I guess it's fair game in their book when they decide not to send it


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## kormak (15 Feb 2010)

seantheman said:


> I guess it's fair game in their book when they decide not to send it



even if I have a legitimate order which also contains other items?


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## Locke (15 Feb 2010)

Where in the T&C's did it mention that if they made an error you could have the product for said price?


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## kormak (15 Feb 2010)

Righto, so it's a non-runner basically?! 
i'll mail them and tell them to cancel the order...
was just curious about the ins & outs of incorrect advertising.
can't blame a chap for trying?!


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## my2cents (16 Feb 2010)

I had a similar incident with a store purchase.  When I got to the register, the cashier said they had to honor the price on there because it was their mistake. I think the same should apply in your case.


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## WaterSprite (16 Feb 2010)

That would have been at the discretion of the staff.  A shop does not legally have to offer a product at the ticket price if there's been a mistake.  Some shops (like Tesco) do this but it's not legally required.


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## Latrade (16 Feb 2010)

It's a UK thing where they have to for the advertised price, I even think it was Tesco who were involved in the case there. However, the internet is different (again in the UK) where Argos displayed the wrong price on the website and were allowed to cancel the orders. 

I think part of the decision was the price was so low for the product (TV IIRC) that it was an obvious mistake.


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## SparkRite (16 Feb 2010)

Don't think you have a leg to stand on, Kormak.

An advertised price is an "offer to treat" and thus that offer can be refused by either party.

Not to be confused with false advertising with an intention to mislead.


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## JoeB (17 Feb 2010)

If a 'bricks and mortar' shop completes a sale without noticing an error, and discover it afterwards they cannot 'undo' the sale, and the goods are yours.

It seems online retailers want to change this... by taking your money, but delaying the completion of the sale until they can verify the prices... I feel that if you have received a 'order complete' message then you have made the purchase, and I would be insisting it be honoured... of course if the company is outside Ireland then you have problems.


Some points...
Would the OP have been able to pull out of the sale?, or was it complete from that point of view?

If the item was to be collected, and the company said 'the item is yours and ready for collection'... then could the company 'undo' the sale at that point?

Consider the case when the item actually cost something, like 5 cents rather than 0.00


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## SparkRite (17 Feb 2010)

JoeBallantin said:


> If a 'bricks and mortar' shop completes a sale without noticing an error, and discover it afterwards they cannot 'undo' the sale, and the goods are yours.



Agreed, but as far as I know online sales are not "complete" until good have been dispatched.


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## JoeB (17 Feb 2010)

Yeah... it's a new area, and legislation is needed, if it isn't already in place. A link to info on the consumer site would be great!

It seems unfair it the online shop can pull out of the deal, and the customer can't...

Even if either party can pull out at a whim, before the goods are despatched it's still slightly unfair, as the shop have full control over the despatch date.. i.e they can rush out the goods to complete the sale if they want, or they can delay for a long period if they so choose...

Customers may be able to pull out of all online deals under 'distance selling' legislation, even after having received the goods, without having to give any reason....... is this correct? (If this is correct it clearly benefits the customer, and disadvantages the online shop)


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## Leo (17 Feb 2010)

JoeBallantin said:


> It seems unfair it the online shop can pull out of the deal, and the customer can't...
> 
> Customers may be able to pull out of all online deals under 'distance selling' legislation, even after having received the goods, without having to give any reason....... is this correct?


 
You are correct, there is a minumum 7 day cooling off period from the date of receipt of the goods during which time the consumer is entitled to change their mind. See the Consumer Connect site for more details of Distance and Online regulations.
Leo


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## jack2009 (17 Feb 2010)

In this case no consideration was offered or accepted so no contract in place.

It it had of been advertised at say 10cents I still think there are issues as it is obvious that there is a mistake.  Was there no an issue with Aerlingus not too long ago were they sold flights by mistake to the U.S for a fraction of the normal costs?  
Cannot remember the outcome but think Aerlingus made refunds rather than honor tickets.


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## JoeB (17 Feb 2010)

I'm not so sure if 'obviousness' comes into it..

Is there an urban myth that in Dublin a long time ago, an appliance shop advertised a fridge or something for a ridiculous low price  (by putting a sign on it, saying 1 Euro or something).. and a week later the fridge was still there, as everyone thought it was a mistake so no-one asked for it!


If a price seems silly in a bricks and mortar shop you can still attempt to buy it.. if they take your money then the item is yours, regardless of how obvious it seems... I'm sure many people on tills today couldn't care less if a CD (for example) came up as 10c on the till, I'm sure they'd just sell it at that price, and say to their manager later '... the price came up on the till...'


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## seantheman (17 Feb 2010)

jack2009 said:


> Was there no an issue with Aerlingus not too long ago were they sold flights by mistake to the U.S for a fraction of the normal costs?
> Cannot remember the outcome but think Aerlingus made refunds rather than honor tickets.


 
I recieved an email from norfolkline on the 10/2 €95 car & driver return Dublin-Liverpool. I recived a further email on 11/2 issuing an apology saying it was an error and should have said single fare. I had no inclination to travel but wondered if anyone on here booked and if so what they paid?


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## jack2009 (18 Feb 2010)

would the logic of offer and acceptance be that you offer to pay x for the product under certain terms and conditions and that property does not pass until the other party demonstrates acceptance of the offer!  Not sure what this means for the money that usually changes hands before goods are shipped etc!


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## z104 (14 May 2010)

my2cents said:


> I had a similar incident with a store purchase. When I got to the register, the cashier said they had to honor the price on there because it was their mistake. I think the same should apply in your case.


 

An advertised price is an invitaion to treat and not an offer. You make an offer at the cash register and it is up to the person working there to accept your offer or refuse it.

Just becuase something is marked incorrectly in a store or display does not constitute an offer.


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## mathepac (14 May 2010)

my2cents said:


> I had a similar incident with a store purchase.  When I got to the register, the cashier said they had to honor the price on there because it was their mistake. I think the same should apply in your case.


Wrong country, wrong continent, wrong law, wrong thinking?


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## Lialus (18 May 2010)

The law is simple , if the shops notices the price was incorrect before completing the sale then they must remove the item from sale and reprice. Some shops will honor the lower price, but this is entirely at their discression. If the sale has proceeded then the contract is complete. In the case of online transactions , no sale is final until a confirmation is received , an automated e-mail is not a confirmation. In the posters case no consideration has passed ( free + free delivery ) , so it is missing one of the elements of a valid contract. Although , as always worth a try.


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## JoeB (18 May 2010)

Lialus said:


> The law is simple , if the shops notices the price was incorrect before completing the sale then they must remove the item from sale and reprice.



Is this definitely correct? What about 'invitation to treat'? Is this an Irish law? Tesco have a policy of giving items for free when overpriced... so I have taken advantage of this once or twice. The last time I asked did they intend to change the incorrect price.. they said no. I was incredulous, asking surely you intend to change the price? Again, no, they didn't. So I asked what was to stop me purchasing all the offending items and getting them all for free?... nothing was the answer basically... 





Lialus said:


> Some shops will honor the lower price, but this is entirely at their discression. If the sale has proceeded then the contract is complete. In the case of online transactions , no sale is final until a confirmation is received , an automated e-mail is not a confirmation.



Do you have a source for this? Does your source distinguish between a confirmation, and an automated confirmation? What if a product is mis-priced in a vending machine?, can the sale be said to have been automated, and thus reversible? Is an automated email telling you that an item hads been paid for and is ready for collection reversible?



Lialus said:


> In the posters case no consideration has passed ( free + free delivery ) , so it is missing one of the elements of a valid contract. Although , as always worth a try.



I think there could be some subtleties here... for example, I don't think a shop could give away faulty merchandise, for free... or they definitely couldn't give away dangerously faulty stuff...


Cheers


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## car (1 Jun 2010)

If a bricks and mortar shop give it you at the advertised price, even if thats free, its totally at the behest of the shop, be it policy or otherwise.  last year I stocked up in superquinn for a barbeque and I had a try of bud in trolley.  For whatever reason, the barcode on the tray wouldnt scan and neither would the can, I thought they were joking when the manager came over and said, with a genuine smile on his face, well you get that free then. woohoo.   I sent another family member round VERY shortly afterwards (minutes/seconds even) but it had been rectified by then. booo.

I think Tescos do same as they were caught out a couple of years ago when consumers were complaining about being over charged on items, on several sample baskets, there were goods overpriced.  when tescos said this was a mathemetical error, they had no answer when they were asked if it was mathematics, how come they were all overpriced and not balanced half over and half under.   Methinks they work a lot harder these days on correct pricing.

You will not get same in dunnes.   

To the OP, you could mail and ask can something be done as a customer service gesture.  Thats about all you can do.


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## JoeB (1 Jun 2010)

I'd disagree that Tesco put more effort into their pricing nowadays... my anecdotal experience is that they routinuely have incorrect prices displayed, especially on special offers.

I find quite a few errors, .. but I don't bother with them all, it's hard to be certain sometimes.. I wonder would Tesco allow someone back into the shop after paying in order to check all the prices... if not then it's very hard for the customer.


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## tenchi-fan (1 Jun 2010)

I'm not going to go through all the posts because I'm pretty certain they'll say the same thing as this.

E&OE (errors and omissions excepted) .. or something along those lines! Many websites will reserve the right to cancel your order in the event of admin errors - legally, it's a dodgy practice. However as you pay the grand total of NOTHING there is no consideration so therefore you're not entitled to anything.


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