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Emergency

Pricing error in the online shop: does the contract come about?

Now and then items appear in the online shop at an obviously wrong, far too low price. Whether you then actually buy cheaply depends on whether and how a contract comes about, and whether the retailer can rescind the error.

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Your chances of getting your money back

The product display in the shop is usually only an invitation to order, not yet the binding offer. The contract often only comes about with the acceptance by the retailer (e.g. shipping confirmation). Decisive are the process and the terms and conditions.
Even if a contract comes about, the retailer can under certain circumstances rescind a genuine declaration error (§ 119 BGB). With an obvious pricing error, a claim to delivery at the wrong price is therefore often not enforceable.

What you should do now

  1. 1

    1. Check the process

    Look whether you received a mere receipt or a genuine order confirmation.

  2. 2

    2. Read the terms and conditions

    Check when the contract comes about under the terms and conditions.

  3. 3

    3. Assess realistically

    With an obvious pricing error, delivery at the wrong price is unlikely.

  4. 4

    4. Secure the refund

    If the retailer cancels, watch for the repayment of amounts already paid.

How to spot the scam

  • A mere receipt confirmation is understood as a binding acceptance.
  • Firm reliance is placed on the delivery of an obvious wrong price.
  • Money already paid is not reclaimed.

Frequently asked questions

Do I get the goods at the wrong low price?

Often not. The display in the shop is usually only an invitation to order; the contract mostly only comes about with the acceptance by the retailer. If a contract comes about at all, the retailer can under certain circumstances rescind an obvious pricing error.

When may the retailer rescind?

With a genuine error, for example if someone mistyped or a technical fault produced a wrong price (§ 119 BGB). The rescission must be made without delay. With a wrong price clearly recognizable to you, the reliance protection is low.

What happens with my payment?

If the retailer cancels or rescinds, he must refund money already paid in full. So you do not lose anything advanced. A claim to delivery precisely at the wrong price, however, you usually do not have with an obvious pricing error.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.