Purchased item on internet

[Cyclone 10]

Fighting what in court? Are you even reading what I've written?

 

I haven't once claimed that the retailer is obliged to honour the order. Nor did I claim that an advertisement requires the sale at that price (it's an invitation to treat, we all know that).

 

That contract can include terms to allow either party to cancel though of course.

[Berberis 10]

Fighting what in court? Are you even reading what I've written?

 

I haven't once claimed that the retailer is obliged to honour the order. Nor did I claim that an advertisement requires the sale at that price (it's an invitation to treat, we all know that).

 

You don't understand contracts or contract law as much as you think or how retailers process orders and payments.

[Cyclone 10]

You haven't read what I've written have you.

 

This

 

he retailer is not required to sell the item for the price advertised.

Was a strawman, I'd never made a claim that this was the case.

 

Now you don't want to admit it.

[999tigger 10]

An offer occurs when you make an offer, verbally, in writing, etc... When you hand over money a contract has been formed. That contract can include terms to allow either party to cancel though of course.

 

I thought offers werent accepetd unless the offeror had agreed to be irrevocably bound?

[SnakeSpew 10]

A company is not obliged to sell you anything. Some company's do send the items out at that price as a gesture of good will but you are more likely to get a refund.

 

This is correct.

 

---------- Post added 01-08-2016 at 19:04 ----------

 

As I understand it, once payment has been taken a contract has been agreed and they must honour it.

 

Keep it quiet though, the less people who buy it the more chance you have to get it at the miss price (that said, pls drop me a quick link if they are still at this low price ).

 

This is wrong. No idea why people continue to believe it.

 

---------- Post added 01-08-2016 at 19:05 ----------

 

How some morons didn't think ordering 100's of laptops at £2 a piece wasn't going to get noticed I don't know.

 

Because there's always another moron claiming that they'll get it, even in the face of clear evidence that it's not true.

[Love2print 10]

An offer occurs when you make an offer, verbally, in writing, etc... When you hand over money a contract has been formed. That contract can include terms to allow either party to cancel though of course.

 

A contact is made when a trader excepts an offer. In a physical store this would normally occur when cash changes hands.

 

This is different online because the retailer has not had chance to see the offer before money has changed hands. Therefore as long as the retailer puts something in their Ts and Cs explaining when the contract will be formed then they can refund the customer's money without any comeback before this point. Most retailers will stipulate that the contract is not formed until the item has been dispatched.

 

And to add - no the retailer cannot cancel a contract once it has been formed without being in breach of contract.

Edited August 1, 2016 by Love2print

[Cyclone 10]

A contact is made when a trader excepts an offer. In a physical store this would normally occur when cash changes hands.

 

This is different online because the retailer has not had chance to see the offer before money has changed hands. Therefore as long as the retailer puts something in their Ts and Cs explaining when the contract will be formed then they can refund the customer's money without any comeback before this point. Most retailers will stipulate that the contract is not formed until the item has been dispatched.

 

And to add - no the retailer cannot cancel a contract once it has been formed without being in breach of contract.

 

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 ----------

 

But "handing over the money" isn't the same online as in a shop, thats the part you don't seem to get.

 

The terms of use of the website may specify that an acceptance email is not necessarily the start of a contract in terms of selling something - but there is a difference between accepting the terms of a website (by using it) and the start of a contract to sell.

 

Where that is the case (and it usually is the case if lawyers have been involved in the writing up of the website t&cs) even the handing over of the money and an acceptance email is considered to only be an offer of a contract (from you, the prospective buyer) - the sellers still have to accept it at a later stage for their to be a valid sales contract.

 

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

[Old_Bloke 10]

The Ts&Cs will include something like "Errors and exceptions apply". That's the key phrase which means that the retailer can cancel the purchase contract if they realise they've made a mistake, for example with the pricing.

[davyboy 18]

To sum up :an advert or price tag in a shop is an invitation to trade.

In a shop if the price on the tag is wrong (too low) and you hand over the money, you have the item and the shop has your money then the trade has been made, contract completed.

It's yours and you have bargain!

Purchase something on line and the contract is not completed until the item is out of the trader's hands and dispatched.

If the mistake in pricing is discovered before dispatch then you get a refund.

They can't keep your money.

[Berberis 10]

To sum up :an advert or price tag in a shop is an invitation to trade.

In a shop if the price on the tag is wrong (too low) and you hand over the money, you have the item and the shop has your money then the trade has been made, contract completed.

It's yours and you have bargain!

Purchase something on line and the contract is not completed until the item is out of the trader's hands and dispatched.

If the mistake in pricing is discovered before dispatch then you get a refund.

They can't keep your money.

 

No but it may take a while to get your refund. Many businesses will process these on specific days of the week so you could wait for up to a week, then for your bank to clear it.

[Cyclone 10]

The Ts&Cs will include something like "Errors and exceptions apply". That's the key phrase which means that the retailer can cancel the purchase contract if they realise they've made a mistake, for example with the pricing.

 

T&Cs would of course mean that a contract exists which includes those terms and conditions.

[Berberis 10]

T&Cs would of course mean that a contract exists which includes those terms and conditions.

 

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