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Consumer Contract Dispute - Retailer Refuses Order After Full Payment

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  • Consumer Contract Dispute - Retailer Refuses Order After Full Payment

    Hello,

    I'm looking for advice regarding a consumer dispute with 77 Diamonds (UK-based retailer).
    I placed an online order for a diamond engagement ring, paid in full via credit card ~£1800, and received an invoice marked 'Paid in Full'. Shortly after, I was told the price was a mistake and that the order won't be fulfilled unless I pay ~£4,000 more.

    They cite a pricing error, referring to their T&Cs, but I believe that under the Consumer Rights Act 2015 (and relevant case law), a contract has been formed especially since payment was taken and confirmed.

    They've since offered a small goodwill discount (~£738), which doesn't remotely reflect the difference or inconvenience.

    I'm preparing to escalate this legally and considering a pre-action letter (via a solicitor), but would greatly appreciate any insights:

    Do I have a realistic chance if I proceed to Small Claims?

    Can they refuse to honour the paid invoice despite accepting payment?

    Has anyone dealt with similar consumer pricing disputes?

    I'm happy to provide a full timeline, copies of the invoice, correspondence, and screenshots if helpful.

    This is the first time I've been in such a situation and frankly, I'm confused...

    Thanks in advance for your guidance or any advice.
    Tags: None

  • #2
    https://www.77diamonds.com/terms-con...ent%20to%20you
    1. The presentation of goods on the Website does not constitute a binding offer to conclude a sales contract. By placing your order, you are making an offer to 77 Diamonds to conclude a sales contract. The order confirmation that you receive after your order has been placed does not yet constitute an acceptance of this offer. In case of shipping, a sales contract is only concluded when the ordered item(s) and the delivery confirmation have been sent to you. In case you chose to collect the item in one of our stores, the sales contract is concluded when we send you a confirmation about your order being accepted.

    Comment


    • #3
      Originally posted by bazdvd View Post
      https://www.77diamonds.com/terms-con...ent%20to%20you
      1. The presentation of goods on the Website does not constitute a binding offer to conclude a sales contract. By placing your order, you are making an offer to 77 Diamonds to conclude a sales contract. The order confirmation that you receive after your order has been placed does not yet constitute an acceptance of this offer. In case of shipping, a sales contract is only concluded when the ordered item(s) and the delivery confirmation have been sent to you. In case you chose to collect the item in one of our stores, the sales contract is concluded when we send you a confirmation about your order being accepted.
      Thank you for the reply - I understand the clause in their T&Cs about contract formation.

      However, in my case:
      The full payment was processed via credit card.
      I received an invoice clearly marked 'Paid in Full'.
      No pricing error was indicated at checkout or in the order confirmation.
      I am not an expert in diamonds or jewellery pricing, so I had no reason to doubt the legitimacy of the price offered.

      I'm wondering whether these facts may support an argument that a contract was effectively concluded despite their T&Cs under consumer protection principles (CRA 2015).

      Would be grateful for any insights and thoughts

      Comment


      • #4
        The order confirmation that you receive after your order has been placed does not yet constitute an acceptance of this offer. In case of shipping, a sales contract is only concluded when the ordered item(s) and the delivery confirmation have been sent to you.

        Comment

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