Hewlett Packard halt online orders right on your doorstep...
You see the delivery van pull up and start punching the air because you are within seconds of getting your hands on the bargain of the century. Over at HUKD, HP sold some expensive graphics card valued at £585 for just £12. Before you say it, we know it sounds too good to be true but the course of events that followed led many to believe that they had bagged one of these heavily discounted bits of kit.
HP accepted the orders, processed them from the warehouse, took payment and then shipped these with DPD and confirmed this to their customers. However, quite a few over at HUKD are now saying that once DPD had arrived and scanned the item prior handing it over, HP had placed an alert to state that the item must NOT be delivered and instead retained by DPD before being returned to HP.
When considering your legal position in this situation you must review the Terms of Sale by HP. Commonly, a retailer will state that the contract is not formed when payment is taken but instead when they confirm that the item has been despatched. So, that was exactly what we expected to see when reviewing the Terms on the HP website but instead we found their likely get out clause:
"HP reserves the right to cancel any accepted order prior to delivery, at HP's discretion (whether or not payment was made), and this in case of any material errors in connection with your order"
So, it seems that they probably CAN recall the product right up to the moment that their delivery company rocks up to shatter your dreams. However, within your Order Confirmation they also state:
''Correct prices and promotions are validated at the time your order is placed''
"We will send you an email with estimated delivery date once your order has been accepted"
By confirming that the item has been despatched they have accepted your order which is an integral part of the formation of a contract. They are also stating that prices are validated by them when your order is placed. We have the offer, the acceptance and they have your money (consideration). So, we have a contract, don't we?
Quite clearly some confusion not just on our part but also from HP. We are currently waiting on a response from them to clarify their position.
TOPICS: Consumer Advice