Q&As

Can a seller refuse to honour an incorrectly displayed price on a business-to-consumer website?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Commercial expert
Published on: 26 June 2025
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Offer, acceptance, and invitation to treat

Whether a seller can refuse to honour an incorrect price depends on whether a contract has been formed.

The display of goods on a website is generally considered an invitation to treat, meaning that a consumer placing an order constitutes an offer, and the seller’s acceptance occurs at a later stage; although the time at which acceptance takes place can be complicated and the seller may have accepted the consumer’s offer before the seller realises that the price is incorrect. See: LNB News 21/03/2003 41 for an example of such difficulties.

The timing of acceptance can be critical, as a contract may be formed before the seller realises the pricing error. For example, online terms and conditions often specify that a contract is formed when a confirmation email is sent to the consumer. See clause 4 of Precedent: Online terms and conditions for the supply of goods—business-to-consumer for an example.

To mitigate risks, sellers should structure their contract formation process to ensure that

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Jurisdiction(s):
United Kingdom

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