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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 46146
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was wondering if you could give me some advise in

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Hello. I was wondering if you could give me some advise in relation to an online purchase I made on Saturday? I am a regular customer of mothercare as I have 3 small children. I was on their website when I seen a car seat was priced in the sale at 49p.. I was abs delighted and ordered 2 of these for my children. Order was complete and the funds left my back. Checked order status this morning which it has stated order is processing. I then received a email later on today to say that my order was being cancelled as the carseat had been wrongly priced and they could not give me my order at that price. Surely that is not allowed to be the case under the consumer act? I feel as it was their mistake and they still processed my order that they should fulfil the sale? Am I correct in saying this?
Many thanks gemma
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.
The law is not necessarily going to be on your side in the circumstances. You will only be able to argue that the sale should be honoured if a legally binding contract has been entered into. Exactly hen this happens would depend on the terms of the website, which you would have agreed to when you made the purchase. You will find that most online retailers stipulate that this happens only once the goods have been dispatched. It means that until then no contract has been created and they could refuse to proceed with the sale. Only once a contract has been created could you argue that the process should be honoured. So if the goods had been dispatched then the retailer cannot claim them back for being sold at the wrong price. However, if the goods had not yet been dispatched then they could cancel the purchase as no legal contract had yet been created.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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