Euro Car Parts

[Guest]

All,

I've had many dealings with ECP in the past and IMHO they are good, fast friendly and helpful service. However, as some of you will be aware, my ROS Bearing needs replacing, so i though, i'll order from ECP.

Got a little carried away online and ordered the full facelift kit for my 986 healights, rearlights etc etc. When i got to the shopping basket page - it was actually only trying to charge me - wait for it £71 FOR THE LOT! No zero missing! I was amazed and thought long and hard about the moral dilemma i was faced with...

I have kept the order alive, as i was logged in therefore could go ahead and progress... But unsure where i stand, can you play the 'Sales of Good act' card on Electronic transactions or are they exempt...

JULIANY27 - Need your input!

Ant

 

[Elliot Davies]

order me a set too []

 

[Dapster]

I'm not sure about the algorhythms of the payment engine, but it may be that what you are actually charged will be the correct amount, and the £71 is an error on the display only. You may wish to take a screen print so you can prove it to your credit card company. Its a bit like the sticker on the shelf being wrong but the barcode of the product always containing the correct price.

They don't list actual cars on there do they? You could pick up a Carrera GT for 30 grand!

 

[Guest]

Elliot,

Well if they start making the 'mistakes' - frequently... we could start a little business.....

Off topic [] - Were you at the PCGB event..? Red jacket...? I parked next to you... Need faces for names!

Anthony


CONGRATs on your 1000'th post!

 

[Elliot Davies]

Nope that wasnt me, possibly Simon ??

just noticed the 1000th myself []

 

[Rodney Naghar]

I think something similar happened on another online shop, I can't remember the story, but it was a national scandal. Needless to say they said it was an error and did not honour the cheap deals.

So you may get away with it, but if they realise before they send the goods out to you, I think they can change the price.
If you have already received the goods, then I'm not sure they can ask for more money.

You have nothing to lose.

 

[mbrands]

So, you do business with them on a regular basis and they have always offered you good, fast, friendly and helpful service, yet you have no qualms about relieving them of over £700 worth of merchandise for only £71 knowing full well that they have simply made an honest mistake in their billing ?

I can see how this might be tempting - not sure, however, about actually going through with it, or being reluctant to pay up in the event that they discover their mistake.[&:]

 

[Guest]

Mbrands,

Hence the question about the morality! I am not and never would like to called a dishonest person. I have written a letter advising of the issue, will keep you posted on any return messages.

To clarify, i was merely pricing up the costs from various suppliers.. ECP at £701 (For face lift) it not the best deal i've found.

 

[Rob Edwards]

Hmm, I can see your moral dilemma here and that it is tempting to take advantage of the error, but perhaps it may be worth contemplating a few points before making a decision.

• This is a genuine error on the part of the vendor, and now that you are aware of this, would your actions be 'dishonest' in taking advantage of their error (to the tune of nearly £700)?
• The definition of 'Theft' in criminal law is: 'Where a person dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it'.

Yes, you might proceed with the transaction and 'get away' with it, but how will that make you feel? The fact that you posted your dilemma on the forum suggests that you are uncomfortable with this and are seeking advice, and therefore that you have a well developed conscience. I may be wrong, but I don't think you are the kind of person who would sleep well after taking £700 off someone else.

Perhaps a call to this company (who you obviously have received good service from before) pointing out the error on their system might be the way to go - you never know, you might even get a legitimate discount!

It might help for you to consider how you would feel if it were the other way around and you were the one losing that kind of money!

I sincerely hope you do the 'decent thing'.

Regards
Rob[]

 

[Rob Edwards]

Ant
Just seen your last post as I was compiling my submission, and personally I'm glad you have notified them - for me that's the decent thing to do, and you may be in a legitimate position now to bag a discount off them.
I knew you were an honest chap, and I doff my hat to you - there's lots out there who would have taken advantage of the situation.
Nice one[]
Rob

 

[Guest]

Rob,

I actually called first and the 'Customer Service Person' i spoke to seem quite uninterested in the concern/issue i had highlighted. The actual response was 'not my problem mate, thats another department...'.

I called again and actually spoke to the customer service manager - i think... who did in fact take me seriously... and called back to report they had identifoed from that days trading records a number of 90% discounts - that had been shipped!

I feel a little scathed by mbrands comments, afterall - i have no intenion of decieving them. I do not have any knowledge of internet sales law (If there is such a law!). However i am aware that you can demand goods for the marked shelf price if incorrectly labelled in a real high street store - My original post attempted to draw parallels between these two sales environments (Internet and Shop evironments).

Ant

 

[Mark_Bennett]

ORIGINAL: boxsterboy

However i am aware that you can demand goods for the marked shelf price if incorrectly labelled in a real high street store

I'm not sure that is the case. A price label is called and "Invitation to treat" or something - and they can refuse to sell anything to anyone. There is no "right" to buy at any displayed price.

Normally on the internet if a misprice happens, and money has not been taken, then the retailer can just cancel the order. If money has been taken (from the customers credit card for example) then it becomes more of a grey area as it is normally regarded that a "contract" agreeing the price has taken place. Most companies still have hidden away in the terms and conditions that if a misprice happens they can reject the order - even if money has changed hands. Rather difficult if they have already shipped items though...

http://en.wikipedia.org/wiki/Invitation_to_treat has a little info - I'm sure there is more if anyone has the time []

 

[Guest]

It is my understanding that Mark is correct . Legally you are offering to pay the price that they advertise and the contract is only valid when they have accepted your offer. If they accept your offer, presumably by despatching the goods and taking your money without contacting you then there is a contract. Thats the legal side. Morals are a completely different story and up to the individual concerned.
Incidentally Supermarkets don't have to stick by the sticker price by law It's justthat there would be a PR disaster if they did charge you more than the sticker price

 

[Rob Edwards]

That is correct - the invitation/treat is the price ticket and if through a genuine error the wrong price has been put on the item, then the retailer is quite within their rights to refuse to sell. Until the goods have been put through the till and payment made, then the contract has not been completed (or if a representative of the company agrees to sell it at that price), and the retailer can demand the correct price.

If, however, the wrong price sticker has been put on by the retailer in order to trick or deceive the purchaser, then that's a very different matter, and the retailer would be breaking the law by doing this.

The assumption by many members of the public that if that's the price, then that's what they can demand it to be sold at is a common misconception - as a retailer myself, I ask if they would feel it correct if they were selling their house/car and the printer accidentally put the decimal point on but 2 places to the left - would they be bound to sell their £250,000 house for £2,500? Of course not.

Ah, retail - who'd be nuts enough to get caught up in that lark eh? Wibble.[&:]

Ant - I hope they at least thank you profusely for your honesty in informing them - very disappointing that you got some oik who couldn't be bothered to save the company he works for a considerable sum of money - if he was one of mine he'd be in orbit about now, and some vouchers/discount would be on the way to you as way of thanks!
Rob

 

[juliany27]

Ant

Just picked up on this series of posts. I am a criminal law practitioner and, IMO, no criminal offence would be committed simply becuase you took advantage of a genuine mistake by a vendor. Morally questionable, but almost certainly not criminally dishonest.

The law of the sale of goods has already been adequately explained. The vendor puts an item on sale and, generally, the purchaser makes an offer to purchase which can be accepted or rejected by the vendor. When accepted, then a binding contract is made unless, for example, both parties knew that there was no real 'meeting of minds' - for example where both parties knew that there was a mistake, or each was referrring to differnt parts/prices..

By letting the vendors know that something is wrong, a purchaser has acted honestly and honourably and a commercially aware vendor would give credit and, perhaps a suitable discount, for such praiseworthy conduct.

Of course, if the items had been advertised in the following manner "Porsche 986 facelift kit - £71.00 for first 10 purchasers only" - then, if your offer was accepted, you would have a binding contract provided that your offer to purchase was one of the first 10 offers.

A bit convoluted as a reply, but I hope this helps.

 

[mbrands]

Hi Ant, it wasn't clear to me from the first few posts what the angle was on this, so I just wanted to chip in with my two pence worth.

As to dishonesty, you simply 1. described something that had happened to you 2. thought about the moral dilemma and 3. expressed curiosity about the legal position. None of that suggests to me that you were either being or intending to be dishonest. On the contrary, you were very open about what had happened, and it looks like you went more than out of your way to get the vendor to rectify their mistake. I hope they appreciated that.

Regardless, I'm sorry that you felt scathed by my reply. My tone was intended to be more analytical (a critical rendition of how I would weigh up the dilemma), rather than accusatory. It is not my place, nor my intention, to contribute something to this forum that would make someone feel uncomfortable. That's what keeps this a friendly and interesting place to visit.[]

 

[Guest]

Mbrands... Understood and appreciated! A virtual Shandy is on its way!

I'll keeep you all posted on any outcome... i certainly feel as if i've done correct thing..... Appreciate all your comments...