[thelist] Selling over the internet - UK law

[Ken Schaefer]

> -----Original Message-----
> From: thelist-bounces at lists.evolt.org [mailto:thelist-
> bounces at lists.evolt.org] On Behalf Of Sales @ Lycosa
> Subject: [thelist] Selling over the internet - UK law
> 
> I have just completed a web site for http://www.the-stone-shop.com and
> it went live yesterday. Unfortunately, my client added a product without
> adding the price. A web customer has spotted this, and ordered the item
> (worth around £35) for £0 + £4 postage. They have paid with PayPal.
> 
> Am I right in thinking that, being a genuine mistake, my client is not
> obliged by law to honour the transaction? Can they offer a refund, or to
> sell the product at the right price? Or are they legally bound to sell
> the product at the price paid?
> 
> The product in question is
> http://www.the-stone-shop.com/esales.htm?category_id=24&product_id=121#3
> 78
> 
> My client is operating under English law. Any information would be
> really appreciated.

Others have suggested what I would suggest (PR wise)

Legally you should consult a lawyer etc, etc, but the seminal case in
contract is Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401
where it was held that placing products on a shelf is an "invitation to
treat" (i.e. enter in negotiations) not an "offer" (the first necessary part
of a contract). Instead, when the customer takes the product to the register
and offers to pay, this is determined to be the "offer", and "acceptance" is
when the vendor determines whether to accept the offered sum of money or not.
Whether this applies in your situation only a court can decide, and a lawyer
can advise, but I believe it does (I've been out of law school a while, but I
haven't heard of any major developments contradicting this old case).

Cheers
Ken