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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50515
Experience:  Qualified Solicitor
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I made an online purchase this morning through Pubshop. I

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I made an online purchase this morning through Pubshop. I placed the order on their website and paid using PayPal. I have an order confirmation from Pubshop and payment confirmation from PayPal. Pubshop have rung me saying that they can’t honour the price as their systems had updated this morning and some prices were posted at below cost. I have been offered a small discount from normal price or a refund. Can I insist on them honouring the contract?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Have you checked their terms to see if it says when a contract is formed?

Customer: replied 13 days ago.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.------------------------------------------------------
Order Number: 98449
Detailed Invoice: https://www.pubshop.co.uk/catalogue/account_history_info.php?order_id=98449
Date Ordered: Sunday 13 May, 2018Products
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There will be at least 1 packages shipped.
Shipment Number 1 - - 3-6 Working Days, Mainland UK - 4.9500
1 x Robot Coupe R301D Ultra Food Processor & Veg Prep Machine R301D - J493
Tax 20%
Price Per Item - £12.98
Total Without Tax - £12.98
Total Including Tax - £12.98
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Sub-Total: £12.98
3-6 Working Days, Mainland UK: £4.95
VAT (20%): £3.59
Total: £21.52Delivery Address
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Selby Golf Club
Andrew Kirk
Brayton Barff
Selby
York
Y089ld
United KingdomBilling Address
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Selby Golf Club
Andrew Kirk
Brayton Barff
Selby
York
Y089ld
United KingdomPayment Method
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PayPal Express Checkout

Thank you. So did they ever send you the invoice?

Customer: replied 13 days ago.
It was on the link in their email order I’d 98449. Now if I follow the link it only shows my past orders
Customer: replied 13 days ago.
Invoice took me to the PayPal login where I paid for the goods, vat and delivery charge.

ok, so you placed the order online, they in turn sent you an invoice and you then paid for the goods?

Customer: replied 13 days ago.
That’s correct

Ok thanks, ***** ***** their own terms and conditions, they have completed the necessary steps for there to be a legally binding contract and as such you should be able to hold them to it. Often, online retailers have terms which specific when a contract has actually been formed and they tend to delay this until goods have been dispatched, so that any mis-pricing issues can be resolved before they send the goods out.

However, in this case they specified that a contract is formed once you receive the invoice, and it would the be reinforced further when you submit payment. Therefore, you can argue that they are in breach of contract as they are going directly against their own terms and conditions.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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