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Ampleforth
12 Dec 14 09:54
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Date Joined: 06 Jan 12
| Topic/replies: 1,151 | Blogger: Ampleforth's blog
I received a phone call from a mate last night telling me about an online retailer selling a £10 product for -£120! When you add the item to your basket, your total spending shows as -£115 (you have to pay £5 P&P).
If you try and check out at this price an error is displayed. However, if you then place other items in your basket to get you back into positive figures you can put the order through. In effect buying £120 of stuff for a fiver.

The order goes through, payment is made, an email order confirmation is received.

I believe that if they discover the error before they dispatch then it will be stopped, but in these days of automation, and they do send the goods, do they have a right to make you pay for them? or just return them? what if you have used them?

Can the person buying the items be done for Fraud?? Shocked

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Replies: 30
By:
G1_Jockey_4
When: 12 Dec 14 10:29
small company and you may get away with it.

doubt its fraud mind although a big company may send letters saying it is.

if your mobile isnt linked to your card for internet purchases then get it done now imo otherwise they may try to collect the difference.
By:
Ampleforth
When: 12 Dec 14 10:35
paid through  paypalPlain I cant see how they can get more money out of paypal without me authorising it with a password.

The company in question is a pretty big company..... the particular item is still for sale this morning for the -£120, so they haven't twigged the problemt yet!

To be honest when I put the order through I wasn't expecting to get the goods, but if they dispatch today before realising the error , I am not sure where I (and presumably many others) stand legally once I have received the items.... I
By:
Eeternaloptimist
When: 12 Dec 14 10:52
Unless someone has better info I think you are right Ampleforth. If they realise prior to dispatch they will probably cancel the order. Once it has been despatched then it will be more problematic for them I think. I'm thinking back a long time to when I did my degree but in law essentially you are the one making an offer to buy these items at that price. They can accept or decline. Once they've sent the items they have accepted your offer. Morally you may be a bounder but I don't think they have any come back under English Common Law. Of course if there has been an Act Of Pariament in recent years addressing this issue then that will take precedence.
By:
Ampleforth
When: 12 Dec 14 10:59
the thing that is concerning me, is the fact that only one item I purchased was the wrong price, all the others items I added to make the total order a 'positive' figure were the correct price.

I am wondering if they could cancel the incorrect item, but still send me the other items and make me pay for them? I don't see how they can take money without authorisation from me, I could always return them for a refund but there is a P&P charge for returning them.

I don't really want a steam mop that much!!  it just seemed a bit of bargain...
By:
elise
When: 12 Dec 14 13:12
usually online retailers can cancel up to the point of delivery (more likely up to point of despatch)

They are not legally obliged to sell something that is clearly wrongly priced but if they send the goods they'll find it hard to claw back the extra as they will have deemed to have served a contract

clearly the price is wrong, no one sells product at that price so if they spot it you've got no redress and can't get the goods at the price stated

and yes, they could withdraw just the one item and leave the remaining order which is priced correctly in place
By:
Ampleforth
When: 12 Dec 14 13:48
and yes, they could withdraw just the one item and leave the remaining order which is priced correctly in place

yes, but if they send it, how will they get me to pay for it? they have no way of taking money from my accounts... they do not have any card details, and if they send it, would I be obliged to return them?

its now 18 hours since I placed the order, and the item is still for sale at -£125!! I am starting to think I might actually receive the goods!
By:
Ramruma
When: 12 Dec 14 13:55
Never mind the law; I'm struggling with the economics. OP has bought a load of stuff he doesn't want, in order to get an effectively free gift he doesn't want, which means that overall he got a great price for a load of stuff he doesn't want.
By:
Thin and Crispy
When: 12 Dec 14 13:55
Whats the item they usually do this on things people are too embarrassed to return, like a penis enlarger.
By:
elise
When: 12 Dec 14 13:56
they'd bill you for the correct price on the items sent (minus the wrong item) but you'd have the normal right to return the items for a refund
By:
elise
When: 12 Dec 14 14:02
ample, what i assumed was that however you paid for the £5 p&p would be the same payment method they would try to get the remainder, i think they would just recharge that payment method for the correct balance as you have already given permission to purchase, if that payment method fails then they won't send the goods

if they don't spot it and send the stuff i think you'll have a good case to keep it
By:
Ampleforth
When: 12 Dec 14 14:05
dont get me wrong, Ive seen the steam mops on the adverts and thought they were handy bits of kit, its just that I wouldn't pay £80 for one, but I would pay a fiver for one, especially when it comes with £50 of free gifts,  not that hard to understand is it?

The item they have priced incorrectly is a plastic bin which usually retails for a tenner, but is now on special offer of minus £125.00...

the company in question made a profit of over £30 Million in 2012 with sales of nearly 400 million..... this is little independant I am trying to take advantage of....
By:
Ampleforth
When: 12 Dec 14 14:09
not sure they can do that elise, as I made a point of paying through paypal rather than giving them my card details. Paying through paypal means getting redirected to the paypal website to enter your password to make the payment. I dont believe Paypal would pay the retailer £125 without my consent jsut because the retailer said we ' we made an error', that would surely be illegal... its not paypals problem
By:
elise
When: 12 Dec 14 14:11
be interesting to see if they send it then
By:
Ken Masters
When: 12 Dec 14 14:14
Remember you're not the one paying for paypal's services, that'll be the retailer. Paypal have form for whisking money from buyer to seller without explicit permission, it's probably in the T's and C's we all dismiss.
By:
Ampleforth
When: 12 Dec 14 14:19
do they?, I know plenty of sellers get ripped off by paypal/ebay as they usually inevitably side with the purchaser when the purchaser claims the goods were faulty or never arrived. Cant remember hearing of it happening the other way around.
By:
Ampleforth
When: 12 Dec 14 14:21
ShockedShockedShocked  the item has disappeared from the website!
By:
elise
When: 12 Dec 14 14:26
you'll get an email first
By:
trebor
When: 12 Dec 14 14:43
I dont believe Paypal would pay the retailer £125 without my consent jsut because the retailer said we ' we made an error', that would surely be illegal... its not paypals problem

What a pathetic person you are, want to rip someone off but would be so put out if the company came after you
By:
Ampleforth
When: 12 Dec 14 15:11
is that really necessary, read it back and ask yourself the question

"Am I a Troll?"
By:
dave1357
When: 12 Dec 14 16:47
When I find something that could be interpreted as an innocent mistake or alternatively as conspiracy to defraud, its always helpful to publicly clarify that you knew that it was a software error and took advantage of this error, so that your intentions are clear. Excited
By:
naydam
When: 12 Dec 14 17:09
Why would Trebor be a 'troll'? I agree with his point entirely. You are attempting to treat somebody in a manner that you, yourself, would find underhand if it happened to you!

I sincerely hope that it all goes wrong and fair-play wins the day. Of course, you'll have lots of knick-knacks to give as Christmas presents. All's well that ends well.  Grin
By:
dunlaying
When: 13 Dec 14 00:22
Is this the same Amplefroth who regaled all and sundry with his exploits in the music shops of this once fair land?
In his case I hope the vendor sells him the steam cleaner,a very cheap one,and declares the bargain item out of stock.
By:
Shrewd_dude
When: 13 Dec 14 00:46
Surely just be dealt with under mistake errors in contract law. Unilateral mistakes in contracts can be voided when it's clear to the other party that this was a mistake and they entered in to the contract using this to their advantage. Even more likely to be voided if the mistake is a mechanical or electronic one.

Whether or not they take action to recover the money will likely be dependant on how much money they have lost on the mistake and if it's just a small sum they may not bother.
By:
mad mad moon
When: 13 Dec 14 11:02
What about the other way?
Had a look at E-bay the other day and there was supposedly an I-pad for sale with bids up to £180. All the photos were of the I-pad next to a box, but when you
scrolled down to the bottom it said "Box only"
So someone has paid £180 for an empty box.
By:
Eeternaloptimist
When: 13 Dec 14 11:34
Laugh
By:
David Icke
When: 13 Dec 14 12:48
palpable error, will have your money refunded and/or a goodwill pack of christmas crackers.
By:
Money Tree cost me thousands!!
When: 13 Dec 14 12:50
I'm currently trying to recover my £190 for the box.
By:
Ivor
When: 13 Dec 14 17:01
At least you won the auction and that's not easy!
By:
Just Checking
When: 14 Dec 14 15:54
Is this something to do with amazon? Apparently some intermediate company that handles pricing for their traders has completely messed and was selling the traders stuff for 1p. Might drive some of them under if they are forced to honour it.

If it's obviously wrong imho you're stealing it and the "tweets" I've just been reading from people proud to be taking advantage of a mistake are up there with Black Friday in showing how low we've sunk..
By:
Torquemada
When: 14 Dec 14 16:52
There was a story last week where Amazon sent some bloke 50 items by mistake.  He did the right thing and reported the error and was told he could keep the lot!
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