Do they have to honour it? Aria.co.uk

[Shinigami]

So, I noticed a misprice on arias site the other day, a gtx 760 for £118.

So i obviously bought it, got a payment confirmation email but then later an email stating it was mispriced and to call to pay the rest or the order would be cancelled. This was 2 days ago and it hasn't been cancelled yet, however the payment is showing as completely made on my online statement for the original price.

Do they have to honour this with the payment being processed or can they still wriggle out of sending me the goods?
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Current: Honda City Fly CLR125 2003 Honda CB600F Hornet 2008 Yamaha FZ6 S2 + 1991 Kawasaki GPZ500
"Once you realize what a joke everything is, being the Comedian is the only thing that makes sense.

[anthony_r6]

As far as I was aware they don't have to honour it if it's a genuine mistake.
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Ted : "Maybe he's agoraphobic."
Dougal : "Jack scared of fighting? I don't think so, Ted."

[dodsi]

Probably only out of goodwill. They can just refund you the money.

[Shinigami]

gash, was quite looking forward to a bargain upgrade
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Current: Honda City Fly CLR125 2003 Honda CB600F Hornet 2008 Yamaha FZ6 S2 + 1991 Kawasaki GPZ500
"Once you realize what a joke everything is, being the Comedian is the only thing that makes sense.

[Hetzer]

Isn't it the case that once they've taken the money they've entered into a legally binding contract?
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"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[Shinigami]

apparently not, done a bit of searching and due to them stating (in the t&c's the payment confirmation is not an acceptance as they send an acceptance confirmation after payment (which they haven't sent me) they will just refund it

will have to wait a bit longer to upgrade from my 4870, new bike first
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Current: Honda City Fly CLR125 2003 Honda CB600F Hornet 2008 Yamaha FZ6 S2 + 1991 Kawasaki GPZ500
"Once you realize what a joke everything is, being the Comedian is the only thing that makes sense.

[Rogerborg]

[.....]

They can stick what they like in their T&Cs, it doesn't give them standing above the law.

As I understood it, so may well be very wrong, the advertised price is an 'Invitation to treat' i.e. an invitation to buy the goods at that price. Once you offer the money and they accept the money the contact is done and sealed.

[andym]

Good few years ago I went to hire a car, because of a fuck up on the website I paid something like £92 for a peugeot 407 for 10 days with unlimited miles, when I went to collect it they flat out refused to let me have the car for that price, but after almost an hour, several phone calls to managers etc, they said they had to honour the price

Mind you the car was a heap of shit with no power, had to drop to 1st gear for even the slightest slopes, still didn't stop me taking it to Scotland and putting about 2,500 miles on it

[Rogerborg]

The smart ones are now claiming that the contract isn't concluded until the goods are dispatched.

Which seems to piss over the intent of the right to cancel in the DSRs, since you can't cancel a contract that doesn't exist yet, but really, your rights are what you assert and enforce, not what you're gifted.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[ficedula]

I suspect that even if the contract is formed when they take payment, they can still say they aren't going to ship the goods, and your only recourse is a full refund (which I imagine they'll give no problem).

There's all sorts of reasons why a company might be unable to send you something - e.g. you buy the last of a particular item, then when they go to the warehouse, it turns out to be broken / damaged. DSR doesn't mean you can demand their warehouse manager flies out to China to source a replica to send you, it means you either get the item you ordered or a full refund.

If they'd sent you the item, then I'm sure you could keep it and they couldn't say "no, please send it back", but I don't think there's anything in Distance Selling saying that the retailer can't cancel the contract before it's completed.
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Bike history: YBR125 -> XJ600

[CaNsA]

Its really shitty as most other places will either honour the price or pull the item from sale (if it's in a shop) for 48hrs.

Aria.co.uk are being twats imo.

[el_oso]

They are allowed to do that. Just imagine you put your bike up for sale in a classified, and you used a full stop (ie decimal place) instead of a comma and someone bought your bike for 10.00 instead of 1,000 I'd imagine you would everything you could to say you made a mistake and that wasn't the real price.

If you was to dispute in court what aria have done there are two problems with your argument.

1) A sale has to be made in good faith. If there is a mistake that you notice but don't query, then that is a valid ground for rejection. You can't deliberately take advantage of a mistake.

2) Both parties have to complete the contract for it to apply. As aria noticed the mistake they did not wish to continue so they had every right to cancel and not send the item without extra payment or offer a full refund
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Duke 390
Previous: '05 XR125L | '96 XJ600S Diversion |'05 Suzuki GSXR1000 | '05 Honda CBR125-R | '97 YZF 600R Thundercat | '11 Honda CBR250
Car: Jeep Wrangler 4.0L

[andym]

[Wonko The Sane]

[The Disapproving Brit]

[Jayy]

I tried this with play.com many years back when they had entire James Bond DVD collections on their site for £9.99 instead of £99.99.

I bought 10 of them and a few days later got an email to say they had cancelled it as it was a genuine mistake.

[tracks]

Invitation to treat?

https://en.wikipedia.org/wiki/Invitation_to_treat

[ScaredyCat]