free bag anyone?

Not strictly free :geek:, £7.50 postage. Still chap as chips though :).
 
I've ordered one & paid postage. Let's see what happens.
 
So have I and it looks like payment has been taken (I think)
 
They have now emailed me saying it was a mistake. However I have replied as follows - You offered the bag at 7.50 plus postage. I accepted the offer. You accepted my payment. You also emailed me confirming the order. We therefore have a contract which I expect you to honour.
Let's see if they accept their legal responsibility.
 
Lemme know how that goes. You see I'm in two minds. The "Tighter than cramp" in me is screaming "Contract formed, they must honour! etc etc", yet the nice person in me is saying "It was obviously a mistake...this is someones business"

I too have the "It was obviously not 0.00, your money will be refunded" email.
 
It's now been passed over to the Sales Director who is trying to rely on their terms & conditions. I believe that's a red herring so I have responded & I await his reaction. One could be forgiven for thinking it could have been a loss leader item, just as low cost airlines advertise free flights. I'll let you know the outcome. If they stick to their guns I'm certainly not going to lose any sleep over it.
 
Unfortunately, an offer for sale can be revoked at any time, until Payment has been taken.

If the card has been charged, then yes they should honour it (or immediately refund), but if the card wasn't charged by the time they realised their mistake, they have no legal obligation to sell the item to you at the price offered.

Good luck!

Cheers,
James
 
Thanks James. Your comments are correct - but as I stated (or at least implied) earlier they emailed me confirming receipt of my payment, and again accepting the order. Their subsequent protestations were, I believe, too late.
 
Just to confirm how this finished. Basically the Sales Director believes it's OK for the company to accept an order & payment; then change their mind & make a refund because of their pricing mistake. We have agreed to disagree. It's not worth the hassle.
 
Well technically he's wrong.

Once they have taken payment, the price no longer becomes an "Invitation to treat", and a contract is formed, as you stated. This then comes under the Sale of Goods Act 1979.

Their Terms and Conditions are irrelevant. They cannot deprive you of your rights under UK law.

However, the problem is, is that the price was 0.00.
This was obvioulsy an error, so you'd be hard pressed to convince a judge that you were completely unaware it was a misprice.
If it was, say, 15.00 then you'd win hands down I think.

Shame really, I wanted one :LOL:
 
Greg, did they actually take payment or just email confirming it?

Of course the real problem is that as the price was £0.00 then no contract could exist (the £7.50 was for postage), be different if it had been £0.01 :(
 
My Debit Card payment was processed via Protx which appears to be similar to PayPal. I received an email from Firstcall saying 'Thank you for your order.... We have received your payment, and are currently preparing to process the order'.
They subsequently said they would refund the money, which presumably they have done.
 
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