Due to a "pricing error" on the Debenhams website many hopeful customers couldn't believe their luck at such bargain prices on the lands end branch of clothing & quickly started adding to their baskets. Many spent hours trying to get their order through the checkout due to crashing website only to find when they had that debenhams were citing a pricing error & stating they would be canceling all orders. This started customers complaining about money being debited from their accounts to which debenhams reassured it was only ringfenced by the bank as they do not debit money until orders are despatched. Upon telling them money had been debited, they stated they do this & it doesn't mean orders are despatched or a contract was not formed. However in their own clause 2.2 of their t&c they state a contract is formed when a credit/debit card is debited. They argued that below this it says they've the right to reject offer to purchase at any time, although they are forgetting that formation of contract means acceptance of offer & thereby negates right to refuse. Finally clause 3.3 determines that debenhams will not fulfill any pricing error orders. I put it to debenhams that this particular clause is unfair in the eyes of OFT as it gives debenhams the opportunity to blame any misselling on a pricing error & removing liability from them. I think debenhams should do the decent thing & to those customers where a contract was made (by debiting their account) thereby accepting the customers offer to purchase , fulfill their orders as the pricing error clause to make it fair should only apply to orders rejected as after acceptance they have no comeback. Do the right thing Debenhams
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