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

K

kormak

Registered User
Messages
19
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???
 
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.
 
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.
 
It was a mistake on their part but it does not entitle you to buy it from zero value.
 
Where in the T&C's did it mention that if they made an error you could have the product for said price?
 
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?!
 
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.
 
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.
 
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.
 
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.
 
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
 
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.
Click to expand...

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

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
 
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.
 
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...'
 
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.
Click to expand...

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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