Purchased item on internet

[Cyclone 10]

No, they are the terms and conditions in order to enter into a contract with the supplier.

 

So they can't apply until a contract is formed, because they form part of a contract. Duh.

[Berberis 10]

So they can't apply until a contract is formed, because they form part of a contract. Duh.

 

oh my word, you really do not know enough to be part of this thread.

[Cyclone 10]

Are you claiming that Terms and Conditions can apply when no contract exists?

 

That simply makes no sense, it's nonsense. The act of accepting terms and conditions offered by one party to another forms a contract.

 

It's pretty funny that you think I shouldn't be taking part, if that's what you believe.

[Berberis 10]

Are you claiming that Terms and Conditions can apply when no contract exists?

 

That simply makes no sense, it's nonsense. The act of accepting terms and conditions offered by one party to another forms a contract.

 

It's pretty funny that you think I shouldn't be taking part, if that's what you believe.

 

I'm saying you don't know as much as you think you know, which comes as no surprise and I don't have the inclination to teach you as you won't listen anyway being the arm-chair expert you are.

 

Good Day.

[Cyclone 10]

So now you're avoiding the question. Worried you've got it wrong?

[Love2print 10]

Unless the contract has a term allowing for cancellation of course.

And if no contract exists when the money has been handed over, then the retailer would be free to just keep the money.

 

---------- Post added 02-08-2016 at 07:43 ----------

 

 

So we're back to the retailer having your money, but no contract to supply goods/services existing. They can just keep your money.

 

My bold. No they cannot have a term allowing them to just cancel an order. I have to agree with what others have said on this thread that you don't know as much as you think. As I said if they accept your order a retailer cannot cancel it, even if it says in their terms they can, without being in breach of contract.

[999tigger 10]

My bold. No they cannot have a term allowing them to just cancel an order. I have to agree with what others have said on this thread that you don't know as much as you think. As I said if they accept your order a retailer cannot cancel it, even if it says in their terms they can, without being in breach of contract.

 

Not even of its a mistake? They didnt realise the item was priced at 10p, but the buyer clearly did and knew it was a mistake? They arent allowed to void it?

[Love2print 10]

Not even of its a mistake? They didnt realise the item was priced at 10p, but the buyer clearly did and knew it was a mistake? They arent allowed to void it?

 

Once a contract has been formed normally it cannot be cancelled by the retailer. This is why most online retailers state that a contract has not been formed until dispatch. This means that if they notice a pricing error before dispatch then they can cancel the order has the contract has not been formed yet. Effectively your have offered x amount and the retailer has rejected your offer.

 

If the pricing mistake is obvious then a consumer cannot take advantage. But if it the contract has been formed and the mistake was not obvious - so for example an £100 item reduced to £70 then the retailer would need to honour this. If not they risk being in breach of contract - a consumer could take them to court.

[999tigger 10]

Once a contract has been formed normally it cannot be cancelled by the retailer. This is why most online retailers state that a contract has not been formed until dispatch. This means that if they notice a pricing error before dispatch then they can cancel the order has the contract has not been formed yet. Effectively your have offered x amount and the retailer has rejected your offer.

 

If the pricing mistake is obvious then a consumer cannot take advantage. But if it the contract has been formed and the mistake was not obvious - so for example an £100 item reduced to £70 then the retailer would need to honour this. If not they risk being in breach of contract - a consumer could take them to court.

 

So on the case of the OP they were quite entitled to cancel because it was voidable or it was void ab initio?

[Cyclone 10]

My bold. No they cannot have a term allowing them to just cancel an order. I have to agree with what others have said on this thread that you don't know as much as you think. As I said if they accept your order a retailer cannot cancel it, even if it says in their terms they can, without being in breach of contract.

 

Why do you believe that? You don't think cancellation terms can exist at all, or is there a special case that makes a cancellation term illegal in this case?

 

---------- Post added 03-08-2016 at 07:31 ----------

 

Once a contract has been formed normally it cannot be cancelled by the retailer.

Why can't it have a term in it allowing cancellation?

 

What retailers definitely can't do, is decide to change the basis of contract law and make up their own rules about when a contract exists.

[Love2print 10]

So on the case of the OP they were quite entitled to cancel because it was voidable or it was void ab initio?

 

It could be both, if the retailer hasn’t accepted their offer then they can just refund.

 

Some retailers might try to get round potential errors on their website in their terms by saying the reserve the right to cancel any order even once the order has been accepted. However, this might be classed as an unfair term – generally any catch all kind of term could be deemed unfair. A contract needs to be fair on both parties. Terms cannot overwrite any rights that a consumer has.

 

I will give some example of different scenarios. Lets say it’s not the price but the spec which was wrong and lets say that there is no laptop available via that supplier or any other with that spec and it can’t be upgrade to the spec. The retailer cancels the order and refunds saying they cannot supply the product ordered even though they have accepted the order. The customer is not happy and takes them to court, realistically the only outcome is for a court to insist that the retailer puts the customer back in the position they were in before – that is a refund. However, if the customer had incurred extra costs because of the retailers breach then the court would likely award these costs to the consumer.

 

In the example I gave before of a £100 product reduced to £70. Lets say that the retailer refuses to honour this but again has accepted the order. The consumer could buy the same product for a £100 and then take the retailer to court for the difference because the retailer breached the original agreement to supply said product at the agreed price.

 

Ultimately only a court can decide but a retailer cannot just cancel a contract to supply goods or services for any reason they like without any potential comeback. It might end up costing them money and sometimes a lot of money by cancelling.

 

So to sum up a retailer can cancel as in refund the customer (there is no physical mechanism to stop this) but they could be forced by a court to carry out the contract or pay costs incurred.

Edited August 3, 2016 by Love2print

[Cyclone 10]

Why would a court decide that a right to cancel that applies to either party at any time before shipping is an unfair term?