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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Thanks service! I bought and paid for (paypal)

Resolved Question:

Hi, thanks for this service!
I bought and paid for (paypal) car tyres online. Received a 'thank you for your order' email. 4 hours later the retailer cancelled the order saying the product had been marked with an incorrect price (original price £35, increased to £74). Question is can I hold them to it?
Cheers
Dave
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you contacted them to challenge this?
Customer: replied 11 months ago.
nope, not yet
Customer: replied 11 months ago.
and hi,
Customer: replied 11 months ago.
correct wording would be useful
Expert:  Ben Jones replied 11 months ago.
No problem :) let me get my response ready and I will get back to you on here shortly
Customer: replied 11 months ago.
awesome
Expert:  Ben Jones replied 11 months ago.
By the way were they supposed to deliver the tyres or were you supposed to go and have them fitted?
Customer: replied 11 months ago.
just deliver to my house
Expert:  Ben Jones replied 11 months ago.
There have been several notorious examples of wrongly priced goods and the conclusion is that for there to be a legally binding agreement in place, which you can try and enforce, there must have been a formal offer and acceptance in place. Advertising something for a specific price is legally an ‘invitation to treat’, which is not an offer itself. For example, it is a myth that if you go in a shop and see an item advertised at the wrong price that the seller has to honour that – they certainly do not, they can refuse to take your money and to sell the item at the incorrect price. So something similar would have happened here – the advertised price is an invitation to treat, but what complicates things is whether by you making a payment and them accepting it, the requirements for an offer and acceptance have been satisfied. Usually, the legally binding contract is complete when a retailer accepts an order. However, acceptance does not necessarily happen at the point of order and even the confirmation email may not constitute an acceptance. Some retailers may have clarification of when an order is accepted – for example if they were to deliver the goods that may happen at the time delivery is made which is when you can treat this as a binding agreement. So you would have to check the purchase terms to see if there was anything that specifically says when an online order is accepted and if that is defined as when the goods are delivered, then unfortunately you cannot hold them to this as no binding agreement would have been created yet. However, if the terms are silent you may argue that the order had been accepted once payment was processed and that you now have a legally binding agreement in place. The issue the is that you still cannot force them to honour it and if they refund you and refuse to deliver the tyres at that price you will have to go to court to seek to recover your losses. Also you may be surprised what a bit of pressure does – kicking up a fuss and even threatening to take t further could make them honour this just to keep a customer happy and avoid potential legal issues. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Just rechecked their conditions now I know what to look for and you are right as the contract takes effect from recipe of goods. I feel better knowing though, thanks.
Expert:  Ben Jones replied 11 months ago.
You are welcome, all the best

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