brooess - MemberOP: does your OH need both jumpers? From your original post, she was looking to buy one, but ordered the second when she realised she could get it for free.
She's a woman - she uses the same N plus 1 principle to clothes and shoes. I can never understand why she buys multiple of the same top, sometimes even in the same colour!!
its true that mistakes happen
on the other hand, its also true that companies need to invest in processes and well motivated, well paid and competent staff, and that investment helps prevent mistakes happening. Automated sales systems like this decrease staff cost and overheads, why should this be risk free for the seller?
The ease of *ucking up pricing on the internet and losing out as a company is a fair counterbalance to the overheads and risk of running a retail premises - we all know that small local jumper shops can't match the prices of people running their business from their garage or a lockup because of the overheads - well, if the internet sellers run the risk of losing out like this then they would have to invest properly in staff, and that levels the playing field.
if you paid x for something and then saw it later at the same outlet for x-y would you believe you had the right to demand y from the outlet..
^^^ I have seen a few threads on here concerning that exact scenario so yes, some would! 🙂
A contract is by definition legally binding , the question is was there a contract in this case .I guess that if this ever came to court you would lose the key issues being lack of consideration on your part and no obvious indication of any deal or promotion.
Did you seriously belive that the company genuinely intended to give you a jumper for nothing or were you simply trying to exploit a mistake ? If you are exploiting a mistake are you any more honest than the traveller in a truck who tells my mum her roof needs urgent work and takes her to a cash point to draw out £2k to pay him to glimb up a ladder and shift a lose tile.
Buy one, get one free seems a reasonably common promotion to me.
You're right in that an obvious mistake would mean that the company wouldn't have to honour the sale. If the item is £0.00 on its own then yes, that's clearly a mistake. As part of another order? Happens all the time.
Regardless, I'd be surprised if they'd much comeback [i]after [/i]shipping it.
They say they are all about being kind and fuzzy and sustainable. But in this picture the guy is clearly about to snap that animals leg off if you don't give him what he wants...
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"I don't want break it's leg, YOU'RE MAKING ME!!!"
Ourmaninthenorth now schooled!
What, because some chap who's married to a silk had to ask her what mistake in contract means...?
LOLz. Anyway, I had to go back and read what sleep deprived nonsense I'd written! The thing about the law is that there's very little black and white. And there are plenty if us who understand how to exploit that.
PS my mrs isn't a lawyer, if that helps.
A contract is statement which may or may not have legal significance, like an offer to give someone a free jumper for answering questions - you've said you will, I bet you don't, and if you don't do you think I can pursue you through the courts?
A binding contract is a contract which expects you to do something but with no penalties if you don't. So if you choose not to do what you said you would, that's pretty much the end of it, so you're not legally bound to fulfill your part
Legally binding means penalties or not doing it as per the contract t's and c's
Brilliant!
I once watched an episode of Rumpole, and I think the OP should contact the seller, and tell them they will keep the jumper, but donate £40 to charity.
Law versus decency.
Take your pic.
(My missus was a barrister too 🙂 )
My wife is a nurse but she is NEVER wrong, so I'll ask her for a definitive answer.
if an online bike shop sent me two of something by mistake i'd send one item straight back no question. I think this is totally different and sometimes websites offer crazy prices if you spend some money with them, to attract attention and loyalty and shift old stock that just isn't selling ( probably to make room for new stock) I might do what someone above mentioned - send them both back and demand a refund and forget about them.- although the company would now have two worn jumpers and be down £60. However might be worth phoning them and see how you are treated and then maybe sent it back ( or not )
if it's worn they will still probably want it back though as I guess they can then claim ( from individual [u]or their distribution/supplier company[/u] )on the grounds of soiled returned goods (at a guess)
So, the OP should send it back because the company that made a mistake that several of their staff missed might be able to fraudulently claim from their supplier?
Yes, that makes moral sense 🙄
Keep the jumper
I can't believe they are asking for it back
It was listed as £0.00, it was bought at that price, picked, shipped, invoiced
They've got some neck even asking
Is this still going?
Yeah, it's to be expected when someone has tried to pull the wool over your eyes. It's turning into quite the yarn.
andyl - Member
Is this still going?
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Yeah, it's to be expected when someone has tried to pull the wool over your eyes. It's turning into quite the yarn.
Knot a surprise really.
peterfile - Member
Talk about internet forum lawyers, that's a bad one right there.
There seems a lot of the legal minded folk on stw. Lots of sayings such as case law , legally binding etc. I'm fortunate enough to be married to a Barrister ( QC ) . I Often show her these " legal " quotes and usually get the same answer " they are Wikilawyers" . great saying I think.
Just so I understand...you feel qualified to comment on legal threads on a bicycle forum on the basis that your wife's a silk?
Not really. I get qualified advice unlike you. My wife read the OP's post and gave me her opinion. Hope that helps you understand , if not I'm a dab hand at Phonics.
OK for balance here. I tried to exploit the Decathlon mistake a while back. I took a punt knowing it may or may not come off. It didn't. I was no worse off so all good. I know some people on here tried to get all lawyery then as well.
In this instance, someone has seen an obvious misprice (you don't price a solo product at £0, its obviously a mistake).
The seller has now identified the issue and is asking for the product back, and is covering return cost. Just give the thing back. You weren't entitled to it. It was a mistake.
If this causes such umbrage, just don't shop there again.
"Not really. I get qualified advice unlike you. My wife read the OP's post and gave me her opinion. Hope that helps you understand , if not I'm a dab hand at Phonics."
Good work , that should give mr file quite the chuckle.
😆
Not really. I get qualified advice unlike you
Unless he talks to himself.
Unless he talks to himself.
You mean real lawyers don't just base their arguments on the opinion of STW?
Was it sick of me to Goole female QC.s to try and id scousebri's wife.
Not sick perhaps, but definitely a "bit much". It's only a bike forum FFS.
The shop had the opportunity to spot it's mistake when the op placed his order.
If the shop had spotted its mistake, there wouldn't have been...a mistake.
what I was saying is that's it's maybe possible the company may be able to legally claim ( through their / others insurance maybe ) for goods that are sent back by customers that are soiled or stretched etc when they have not been able to settle this with the customer for some reason, that's all. I am not suggesting that anyone rips anyone off etc..And this is just a guess.
anyway it's obvious some are getting wound up be all of this.
My wife does taxes for a living. E-tailer would have lost the jumper argument and probably had a £150k tax bill into the bargain!
Send them a ball of wool back , tell them you pulled at a loose thread and this is the end result.
Ask for a full refund as its not fit for purpose.
if not I'm a dab hand at Phonics.
but you don't know how to use the "quote" function.
If they have the OPs credit card details can they just charge it?
Not really. I get qualified advice unlike you
Unless he talks to himself.
tbf you know what they say about lawyers that have themselves as a client.
(it could be worse, they could be advising their spouse).
My wife's a QC. I asked her opinion and her reply was "give me £180 or 'koff!".
Seems like it would be cheaper to pay for the jumper than to take 'real' legal advice 😕
However, my advice for what it's worth is, as the jumper originally was, free. Email them back, confirm that they have indeed made a mistake and that you are under no obligation to enter into a new contract, that the item has had tags removed and has been worn and to ask what they may consider to be a reasonable offer of goodwill on their part to resolve the issue to the satisfaction of both parties.