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

[jack2009]

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!

 

[z104]

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.

 

[mathepac]

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?

 

[Lialus]

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.

 

[JoeB]

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...

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?

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

 

[car]

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.

 

[JoeB]

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.

 

[tenchi-fan]

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.