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So the missus ordered a jumper (£60) from a posh on-line retailer. Whilst browsing, she saw another jumper listed at £0.00, so she bought both (for £60). Both have been delivered (she is sat wearing the free one) and has just opened her emails and they want it back, or paying for. We've just had a look and it is now listed at £160 😯
What to do?
Just ignore it? Pay up (not for £160) or return it? Tell them it has unfortunately been lost / damaged?
Do the decent thing and pay or send it back?
Offer them the second hand value of the jumper?
Small struggling retailer or faceless giant?
"has become one of the largest direct and online retailers of cashmere in the world"
Odd.
Surprised they have emailed asking for it back; it's used now.
Still, send it back if they want it back*
*If it was a polite & apologetic email. Anything other than that, **** 'em!
Tell them they can have it if they collect at a convenient time to you. If they can't, or don't turn up at that time then they've missed their opportunity.
Let them know that it's been worn already but they can still have it back if they want.
order accepted, paid for and delivered
contract entered into and fulfilled at the agreed special offer BOGOF price 8)
I thought the contract was complete when they took the money.
Wash it at the hottest setting then return it
They should have checked it and advised her before they sent it, that's what normally happens when there's a pricing error.
Quoth the T&C's
"All prices listed on www.purecollection.com are correct at the time of entering the information"
😆
Tell them they can collect at a prearranged time/date!
They are suggesting that the item is paid for (not going to happen - I thought £60 was steep), or they will send a "paid for" returns bag. Unfortunately, the "do not remove tags" have already been cut off.
How did they word the email: apologetic (mistakes happen and all that) or more 'assertive'?
Boil wash it and send it back in a matchbox.
They offered it for sale at that price, you purchased it, they accepted your payment and fulfilled the contract. End of.
this is useful to understand the underlying law
[url= http://www.bitterwallet.com/why-dont-retailers-have-to-honour-misprices/53122 ]http://www.bitterwallet.com/why-dont-retailers-have-to-honour-misprices/53122[/url]
Ignore the emails. You've probably paid more than trade for both jumpers and allowed them profit already.
I would imagine someone has got a right bollocking about this, so sending it back may help them keep their job - at their expense of course.
Good karma n all that.
Ignore email. It went into the junk box and you have a strict filter which instantly deletes junk mail.
Put it on Ebay for £80 and send them the link.
Tell them it was a present for a friend and has been posted on.
Keep it, they have fulfilled the contract you both entered into. Tough luck to them
Legally its yours, so i'd keep it
1)They put the item up for sale at £x.
2)You said i'd like to buy that item for £x.
3)They said thats ok, and by posting the goods they accepted the transaction and passed ownership of goods over to yourselves.
They could have noticed the error at stage 3 and declined the sale (as per Slacks link), but decided to proceed.
Doesnt matter if its an internet transaction or shop, the laws the same in this instance. If it was a small retailer i'd think about returning it for the good karma. If its multinational i'd tell them to suck it up, point them to the case law and advise them to update there sales systems (or just ignore the email).
Was it pulled from live rabbits?
neilsonwheels - MemberBoil wash it and send it back in a matchbox.
Winner.
As a couple of others have said, they've entered into a legally binding contract. They can legally refuse to accept the contract, but if they've taken your money and shipped the goods, that ship has sailed. They have no rights whatsoever to demand it back.
But then she doesn't get a free jumper.
Not a winning solution to my mind.
Imagine a different situation in which you'd bought an item in the sale for £xx from a shop and then received an email stating it shouldn't have been in the sale, therefore they want £xxx for the item. You'd tell them to do one, wouldn't you? I know I would.
The fact that it was a zero cost item and you suspected it was a little dodgy is the only tacit difference.
Put it on Ebay for £80 and send them the link.
Nah, thats the winner 😀
Tell them you're an alpaca fetishist and send it back dappled with yoghurt.
I was in the pub the other day and I saw a guy near me make a mistake. He put about £160 on the bar then walked out and just left it there. It was obviously a mistake and he clearly didn't mean to do it. I could have handed it to the barman or just left it alone so he could realise his mistake and come and get it but I pocketed it 'cause, you know, legal stuff, ownership, contract etc etc. It's mine now eh?
I feel great about the whole thing. I think if more people did stuff like this, take advantage of others mistakes instead of helping them, our society would be much better. I really do.
Didn't man united do something similar selling the whole kit for the cost of just a shirt?
They ended up honouring the mistake.
Tesco have also done similar.
Shops fault, end of.
Be interested to see what the invoice says on it.
I was in the pub the other day and I saw a guy near me make a mistake. He put about £160 on the bar then walked out and just left it there. It was obviously a mistake and he clearly didn't mean to do it. I could have handed it to the barman or just left it alone so he could realise his mistake and come and get it but I pocketed it 'cause, you know, legal stuff, ownership, contract etc etc. It's mine now eh?
I feel great about the whole thing. I think if more people did stuff like this, take advantage of others mistakes instead of helping them, our society would be much better. I really do.
Except to make the analogy similar, the bloke would have to say to you 'do you want £160?' And you'd say 'why yes I do' then, after you'd taken him up on the offer, maybe even spent a little, he come back wanting it back, saying he didn't mean to give it you.
What you describe is theft.
Except to make the analogy similar, the bloke would have to say to you 'do you want £160?' And you'd say 'why yes I do' then, after you'd taken him up on the offer, maybe even spent a little, he come back wanting it back, saying he didn't mean to give it you.What you describe is theft.
Except it's not similar is it. One is a mistake, one is a change of heart. The jumper company haven't changed their mind. They made a mistake and the OP took advantage. The fact that we're discussing the 'legal' implication rather than the moral ones, tells it's own (sad) story.
legally binding contract
Always amuses me on these bar room lawyers threads.
Go on then, tell me the difference between
A contract
A binding contract
A legally binding contract
Free jumper to the winner.
They made a mistake and the OP took advantage. The fact that we're discussing the 'legal' implication rather than the moral ones, tells it's own (sad) story.
Alas, what it tells me is that the barroom lawyers aren't aware of the legal concept of mistake.
And there's plenty of case law on that too.
Ah come on, it's probably a trolling thread anyhow!
I still can't imagine any 'posh online retailer' company would actually then instruct someone to compose an email to ask for it back.
Tell them you will repackage it and post it for £160 paid in advance.
Except it's not similar is it. One is a mistake, one is a change of heart. The jumper company haven't changed their mind. They made a mistake and the OP took advantage. The fact that we're discussing the 'legal' implication rather than the moral ones, tells it's own (sad) story.
The shop had the opportunity to spot it's mistake when the op placed his order. They accepted the order, then had a 'change of heart' and asked for the jumper back.
There's something to be said for doing a deal in these situations rather than taking a( possibly) legalistic view that their so mistake is your gain or even the view that it isn't worth the retailer pursuing. Equally if you realistically wouldn't have expected it to be 160 and it's now used it strikes me both parties could come out of it ok by hitting the middle ground.
Leaving aside my tongue in cheek response on the other page this is probably where I would be starting from (assuming I hadn't phone to check it wasn't an error up front).
The shop had the opportunity to spot it's mistake when the op placed his order. They accepted the order, then had a 'change of heart' and asked for the jumper back.
Accept my apologies. I didn't realised you worked at the shop in question.
Ok, so at what price would it have been morally acceptable to buy?
£5.