Question:

Is a order confirmation a contract / where do i stand?

by Guest64003  |  earlier

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.. I went to buy a product online .. happily went through with it thinkin its was a bargain :D .. then to receive a email today saying "unfortunately due to a system error you were incorrectly quoted for this item" .. I have order confirmation stating it at tht price nd was upset :( to hear this .. wounderin where i stand .. can i demand the product at the price thy stated?

Im sure within the UK there is a law which operates in my favor due to the error being theirs

The mistake made is quite sizable being around £275 but entirely there fault and i feel after receipt of the order confirmation they have to oblige !

though under the terms and conditions of their site it states "Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. "

... but i still feel it was there mistake .. anyone know where i stand?

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2 ANSWERS


  1. You stand alone.  You never had a contract in the first place.  An advertisement is not an offer, it is an expression of a willingness to recieve offers.   If if placing the order could form a contract, your contract had a clause concerning mistakes and limited the remedy to rescision.   If you did not accept that clause, you could have negotiated and informed the seller that you would only deal with them if they agreed to your proposed remedy in case of mistake.  They could have agreed to be responsbible for that or they could have refused.  As it is, you did not do that.  Instead, you shopped at a site that had a condition concerning mistakes and made the deal under under those conditions.  BTW, if it turned out that the actual price was lower than what was advertised, would you insist on paying the higher amount?


  2. You have the option of taking it or leaving it.  You have been notified of the error and the company is covered by their disclaimer.

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