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Toyo R1R Bargain Alert - BUT now looks like a pricing error


Kingster

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I tried to order four but the order didn't complete correctly so I telephoned the company. The orders are NOT being accepted as there is a price error on the website. :down:

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Motco have you tried the link for the Yokohamas above?

No I haven't but the chap said "there are price errors on the website" so I infer that all or any could be erroneous. They've already got my card details once, I don't want to risk another debacle! 

:bangshead:

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I increased my order to 8 so as they advertised and took payment for both orders then legally they have to sell

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I increased my order to 8 so as they advertised and took payment for both orders then legally they have to sell

Have you received a confirmation email?

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Yes

plus I spoke to them to amend the order and this conversation was recordered

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They've not changed the price yet either on the website..................

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I just spoke to them again and the (US accented) chap said that even if emails have been received the orders will not be honoured and emails will go out saying they are out of stock. They seem determined to be obtuse about the true price saying that as they are out of stock the price cannot be given and that various random prices have appeared on the website.  :(

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I increased my order to 8 so as they advertised and took payment for both orders then legally they have to sell

 

You sure Chris? I thought they could refund and thats that?

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Russ when I spoke to them on the phone to amend my original order they did not say that they were out of stock at that time.

I think they are likely to try and just refund

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ive purchased from these before on deal like this and they have always come good

 

so we will see

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taken from a website when screwfix made a similar error

 

In stores:

If an item is priced incorrectly on the shelf, or scans at the wrong price at the till, retailers are under no obligation to honour it, under the Sale of Goods Act. They can offer the item at the correct price or refuse your money and withdraw the product from sale.

If a pricing mistake is not noticed and the customer pays for an item at the reduced cost, the purchase is considered a legally binding contract between the retailer and the customer. The shop has no legal right to claw back any money if it later realises there has been an error.

Online:

The situation is not as clear-cut online.

The legally binding contract is complete when a retailer accepts an order. However, acceptance does not necessarily happen at the point of order. Even the confirmation email may not be an acceptance. Some retailers reserve the right to cancel an order up to the point of delivery. It is therefore important to carefully check the retailer’s terms and conditions (which must be available on their website) and emails – if a retailer simply acknowledges an order, there may be no contract at that point.

According to Screwfix’s terms and conditions on its website this week, it only accepts orders once it has delivered the goods. It says the processing of a payment and acknowledgement of an order does not constitute a legally binding contract.

As with in-store purchases, once a customer has received their order a retailer generally has no right to claw back any money.

The catch:

One essential element of a contract is an intention to create legal relations. If an item has been very heavily discounted and it is clear that an error has occurred, the trader could say that it was obvious that they had no intention to form a contract at that price.

In the Screwfix case for example, the company could argue that a ride-on mower that normally costs £1,599.99 would not ever be on sale for £34.99 – and the consumer must have been aware this was a mistake.

Where an item could feasibly be priced at £34.99, something normally priced at £40 for instance, Screwfix would probably have to rely solely on its terms and conditions.

Stuart Helmer, of law firm CMS, said: “The growth of e-commerce creates huge potential for a computer glitch to lead to widespread pricing errors. Screwfix are just the latest in a long line of retailers to be caught out in this way.

“However, if the retailer has drafted its terms and conditions carefully – which Screwfix appears to have done – then, unless it has deliberately misled customers, it will usually be legally entitled to cancel the order right up to the point of delivery. Whether it chooses to do so is a question of public relations, not legal rights.”

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1 Conclusion of the contract/order processVia our Internet portals you may order the listed items using an Internet form or via fax and telephone respectively. By providing the details as required as part of the order process and by sending this order in you submit binding offer; in this connection the order via telephone, fax or internet have the same legal validity. By ordering you firmly declare to accept these General Terms and Conditions and that you wish to acquire the ordered goods. We will confirm your incoming order with a formal acknowledgement of receipt; this acknowledgement of receipt is not an acceptance of your order. The contract takes effect from receipt of the goods with your approval, at the latest, however, after the expiry of the return period of 14 days.

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It does seem too good to be true, and I am fully expecting a cancellation and refund!

Hopefully not though!

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