Samsung mispricing cancelled order - breach of contract - small claims court?

[whyalwaysme]

Evening 

 

I placed two separate orders on Samsungs EPP discounted store on the 7th of September, one for a fridge freezer and one for a television. Both items had a large discount, around 50 percent which isn't uncommon for the employee discounts store. 

 

Both items were then dispatched to me on the 12th of September , to which I received dispatch confirmation. I had updates from the courier up until an hour before delivery, to which the delivery time passed and I contacted the courier to be told my delivery had been cancelled by Samsung.

 

I contacted Samsung who told me my order was cancelled due to a "pricing error".

 

I pointed out to Samsung the terms and conditions of sale, seen below:

 

1. Your order is an offer to us to buy the Product(s) in your order. You are deemed to have placed an order with us by ordering via our online checkout process. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an Order Reference Number and details of the Product(s) you have ordered (Order Confirmation). Please note that the Order Confirmation is acknowledgement that we have received your order and does not mean your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when we send you an e-mail confirming that the Product(s) has been dispatched (Dispatch Confirmation) or that the Product(s) is ready for collection from a click and collect location (Click and Collect Confirmation). We may refuse to accept your order for any reason, including:

(a) where the Product is not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or Product description error (see ‘Price and Payment’ below); or
(d) if you do not meet the eligibility criteria set out in ‘Your Status’ above.

2. The contract between us (Contract) will only be formed upon the earlier of i) when we send you the Dispatch Confirmation or Click and Collect Confirmation or ii) delivery of the Product(s) or you collect the Product(s) from a click and collect location. The parties to the Contract are you and Samsung Electronics (UK) Limited.

3. The Contract will relate only to those Products in respect of which we have confirmed dispatch in the Dispatch Confirmation or Click and Collect Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation or Click and Collect Confirmation.

 

Samsung response was it was a clear pricing error pointing out clause C but I don't accept that as the contract was already formed.

 

The price and payment section states the below:

 

1. The price of the Products will be as quoted on our website from time to time, except in cases of obvious error. Product prices include VAT at the prevailing rate. The price quoted on our website for Products excludes delivery charges which are quoted separately on our website.

 

2. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

 

3. Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

 

4. Payment can be made using all major credit and debit cards (American Express, Maestro, Mastercard, Visa Credit, and Visa Debit) and it is collected on our behalf by Adyen. Payment will be taken at the time of purchase or shortly after, unless you are pre-ordering, in which case payment will be taken within 28 days of you placing your order. Alternatively, you can use an existing PayPal account, open a PayPal Credit facility, or use one of the three Klarna financing options available – Buy now, pay in 30 days, split the cost into 3 equal payments or spread the cost up to 4 years. For smartphones and TVs, you can also join the relevant Samsung Upgrade Programme (subject to status) and pay monthly by entering into a credit agreement which is also provided by Klarna Bank AB.

 

 

I think as the products were dispatched and the contract was formed they are in breach of contract and open to a court claim for the difference in value ill have to pay to now purchase the goods at a higher price.

 

Just wondering if anyone has any advice.

 

To put things in perspective the fridge was 250 and is now 850 although can be bought for 500 from other retailers.

 

The television was 350 now 900 and can be bought from other retailers for 850 

 

Thanks 

 

[dx100uk]

was this online?

 

dx

 

[whyalwaysme]

Yes

[BazzaS]

Quote them their own terms as to the contract having been ‘crystallised’ before they unilaterally cancelled it, and their cancellation was past the point at which they were entitled to do so.

 

They can then provide the items for the agreed ‘consideration’ (the cost), or (after giving them fair warning and a chance to resolve it!) you can source them at the best available price and ask them for the difference (suing them for that sum if need be) to put you back in the position you would have been had they not breached the contract.

Edited September 17, 2022 by BazzaS

[BankFodder]

It seems to me that their rider relating to pricing errors is only relevant when it comes to their decision as to whether or not to accept your order .

The order is accepted then according to their terms and conditions, pricing errors are no longer relevant .

You have said that this is an employee discount site. Are you an employee ?

Were these prices advertised as being discounted ?