Do they have to honour the price !!
27 April 2004, 12:54 PM
#63
Checked the link and the offending page has been changed. What was it ?
AFAIF there has only been an "offer to chaffer" and as no "consideration" has been exchanged then no valid contract. I might be wrong however
Midlife.....
AFAIF there has only been an "offer to chaffer" and as no "consideration" has been exchanged then no valid contract. I might be wrong however
Midlife.....
27 April 2004, 12:58 PM
#64
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Imlach read again what I said, as a wind up !
They just deserve a bit of flack for not coming clean and admitting they fcuked up thats all. To say they are unavailable is no excuse for a refund unless the customer specifically requests it. I said right from the beginning I don't expect to get the wheels and couldn't give a toss to be honest as it was a bit of fun to see what happened
They just deserve a bit of flack for not coming clean and admitting they fcuked up thats all. To say they are unavailable is no excuse for a refund unless the customer specifically requests it. I said right from the beginning I don't expect to get the wheels and couldn't give a toss to be honest as it was a bit of fun to see what happened
27 April 2004, 01:15 PM
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No-one's mentioned it, but when I did contract law, it's true about invitations to treat. BUT the corollary was that under the Trade Descriptions Act, IIRC it was a criminal offence to offer goods for sale at one price and then only accept a higher price. Otherwise, every shop in the high street would put one sticker price on and then ratchet it up at the till.
I'd have thought that with online shopping, a) law of contract has developed to work out where the contract is completed, and b) TDA has developed to allow traders to correct an error without bankrupting themselves as they are deluged by 5000 customers trying to snag a bargain. Let's face it, it's not the first time this has happened.
I'd have thought that with online shopping, a) law of contract has developed to work out where the contract is completed, and b) TDA has developed to allow traders to correct an error without bankrupting themselves as they are deluged by 5000 customers trying to snag a bargain. Let's face it, it's not the first time this has happened.
27 April 2004, 01:18 PM
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Originally Posted by STi wanna Subaru
the reply I got on the reason for the refund
"Thank you for your recent on-line order. I regret to inform you that the wheels that you ordered are temporarily unavailable. As a result I have refunded your payment in full.
Please accept our apologies in this matter.
Kind Regards
Fiona Huddleston
MWD Customer Services"
"Thank you for your recent on-line order. I regret to inform you that the wheels that you ordered are temporarily unavailable. As a result I have refunded your payment in full.
Please accept our apologies in this matter.
Kind Regards
Fiona Huddleston
MWD Customer Services"
27 April 2004, 02:33 PM
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LOL have just had a phone conversation with Fiona just to say I wanted to wait for the wheels to become available 
and I advised that they may want to try and tell the potential customers the truth instead of blagging their way out of it. Got fed a load of crap about no longer available at that price blah blah but pointed out they had them at that price and charged my card before withdrawing the item so should be a little careful here about contract law. Basically she wouldn't admit to the error so I said I wanted to wait for the wheels then but she said I would have to buy them from a shop now. LOL wound her up a bit anyway just because she deserved it for trying to bullsh!t me.
On and she dug herself a bigger hole when she admitted they take peoples money before they even know they can get hold of the product customers have ordered to supply it to them. I told her with that sort of policy i'm surprised they havent been investigated by trading standards lol
She seems to be getting a lot of phone calls/emails today bless her I also did acknowledget o her that I understand that she may have been given this sh!tty job to do by management and that she is more than welcome to pass my sentiments on to her bosses as she is the one who is taking the flack for someone elses **** up. She said she would pass on my comments lol.
and I advised that they may want to try and tell the potential customers the truth instead of blagging their way out of it. Got fed a load of crap about no longer available at that price blah blah but pointed out they had them at that price and charged my card before withdrawing the item so should be a little careful here about contract law. Basically she wouldn't admit to the error so I said I wanted to wait for the wheels then but she said I would have to buy them from a shop now. LOL wound her up a bit anyway just because she deserved it for trying to bullsh!t me.On and she dug herself a bigger hole when she admitted they take peoples money before they even know they can get hold of the product customers have ordered to supply it to them. I told her with that sort of policy i'm surprised they havent been investigated by trading standards lol
She seems to be getting a lot of phone calls/emails today bless her
I also did acknowledget o her that I understand that she may have been given this sh!tty job to do by management and that she is more than welcome to pass my sentiments on to her bosses as she is the one who is taking the flack for someone elses **** up. She said she would pass on my comments lol.
Last edited by Bravo2zero_sps; 27 April 2004 at 02:36 PM.
27 April 2004, 06:44 PM
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As far as I know once the contract has been completed - i.e. accepted & funds exchanged then they have to honour it unless stock is 'truly' no longer available. Local Trading standards would be able to confirm
28 April 2004, 11:27 AM
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Opps! I don't think they meant to send me this e-mail............. Do you think the lady is getting fed up?
"AND ANOTHER ONE!!
-----Original Message-----
From: ********************
Sent: 27 April 2004 12:31
To: Info Motor World
Subject: RE: Motor World
For what reason are they unavailable? When I enquired with one of your stores, they told me they where available and in stock. This was only yesterday. I was going to collect them but as the delivery charge was very reasonable I decided to order on-line.
Regards
"
"AND ANOTHER ONE!!
-----Original Message-----
From: ********************
Sent: 27 April 2004 12:31
To: Info Motor World
Subject: RE: Motor World
For what reason are they unavailable? When I enquired with one of your stores, they told me they where available and in stock. This was only yesterday. I was going to collect them but as the delivery charge was very reasonable I decided to order on-line.
Regards
"
28 April 2004, 11:39 AM
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Originally Posted by gavnnik
She didn't even bother to answer my email.
Time to step up the campaign, an email on the ohur every hour.
Time to step up the campaign, an email on the ohur every hour.
Why not just hold their hands up and say sorry we made a co.ck up
28 April 2004, 11:44 AM
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Originally Posted by gavnnik
She didn't even bother to answer my email.
Time to step up the campaign, an email on the ohur every hour.
Time to step up the campaign, an email on the ohur every hour.
28 April 2004, 11:46 AM
#77
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For terms and conditions:
https://www.motor-world.co.uk/outdoor_world/t&c.htm
I am interested to know the legal obligation as to what the legal implications are once the creidt card has been charged. To me this constitutes a legally binding contract that they can not alter once the charge has been made
https://www.motor-world.co.uk/outdoor_world/t&c.htm
I am interested to know the legal obligation as to what the legal implications are once the creidt card has been charged. To me this constitutes a legally binding contract that they can not alter once the charge has been made
28 April 2004, 11:46 AM
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I know it's not her fault but it is her problem as a Customer Services representative!
The whole area of law is above my head I'm afraid and I don't expect to get (or beleive I deserve) £1400 of wheels for £140.
But I'm bored, sad and have the time to email her repeatedly until I geta heartfelt apology
The whole area of law is above my head I'm afraid and I don't expect to get (or beleive I deserve) £1400 of wheels for £140.
But I'm bored, sad and have the time to email her repeatedly until I geta heartfelt apology
28 April 2004, 11:50 AM
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How can "acceptance" take place when no people are involved?! (None of this "they took my money" rubbish please - I'm talking about LEGAL acceptance ).
Simple answer is it can't.
From a legal point of view, acceptance must be communicated by the offeree or some one authorised by the offeree. If someone/something accepts on behalf of the offeree (in this case, a computer system), a valid acceptance doesn't exist.
K.
).Simple answer is it can't.
From a legal point of view, acceptance must be communicated by the offeree or some one authorised by the offeree. If someone/something accepts on behalf of the offeree (in this case, a computer system), a valid acceptance doesn't exist.
K.
Last edited by kelvin; 28 April 2004 at 11:53 AM.
28 April 2004, 11:52 AM
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from what i understand the law to be, they are not obliged to sell you the wheels for the price that they were offering them at, but once they accept payment then they have agreed to sell them to you at that price.. bit of a joke saying they have no stock, and auto refunding the cards.. but what i expected to happen..
be interesting to see if any of us get the truth out of them...
be interesting to see if any of us get the truth out of them...
28 April 2004, 11:52 AM
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LOL.
I don't see how they can get away with this clause. I thought legally the contract of sale exists once they take payment for the goods not when they despatch them. TRhats why places like Dell for example dont bill you until they despatch the goods. I am sure this company are treading on dodgy ground legally here!
Where are the scoobynet lawyers when you need them?
We will treat each order for goods as an offer by you to purchase the goods subject to these Terms and Conditions, and we have the right to reject such offers at any time. The conclusion of a contract between you and us will take place when we despatch the goods to you.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Where are the scoobynet lawyers when you need them?
Last edited by Bravo2zero_sps; 28 April 2004 at 11:56 AM.
28 April 2004, 11:58 AM
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Originally Posted by **************
LOL.
I don't see how they can get away with this clause. I thought legally the contract of sale exists once they take payment for the goods not when they despatch them. TRhats why places like Dell for example dont bill you until they despatch the goods. I am sure this company are treading on dodgy ground legally here!
I don't see how they can get away with this clause. I thought legally the contract of sale exists once they take payment for the goods not when they despatch them. TRhats why places like Dell for example dont bill you until they despatch the goods. I am sure this company are treading on dodgy ground legally here!
BTW reading last night there are different laws for 'distance sales' where there in no person to person contact. The main part I got from reading through it was if they could not supply the goods paid for they were obliged to offer a product of similar quality for the same price.
28 April 2004, 11:58 AM
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Me either but apparently they can!
Trading Standards have confirmed that they are under no obligation to sell you the goods at the price advertised (even a shop doesn't have to).
I still find it hard to beleive they a seller can just cancel the sale even though they have taken your money (not necessarily refer to motorworld now but the law in general).
Trading Standards have confirmed that they are under no obligation to sell you the goods at the price advertised (even a shop doesn't have to).
I still find it hard to beleive they a seller can just cancel the sale even though they have taken your money (not necessarily refer to motorworld now but the law in general).
28 April 2004, 12:01 PM
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Originally Posted by kelvin
It says the conclusion of the contract takes place when they despatch the goods.
28 April 2004, 12:08 PM
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"We will treat each order for goods as an offer by you to purchase the goods subject to these Terms and Conditions, and we have the right to reject such offers at any time."
The key point in their T&C's is that they can reject such offers at ANY time.
Is this legal - no idea!
The key point in their T&C's is that they can reject such offers at ANY time.
Is this legal - no idea!
28 April 2004, 12:08 PM
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Originally Posted by STi wanna Subaru
exactly! so doesn't that mean they have entered into a contract which concludes one the goods are dispatched? It doesn't read to me that the contract is binding once the goods are dispatched.
If you see my last post, you'll understand why I don't feel that this is the case in this instance.
K.
28 April 2004, 12:13 PM
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Originally Posted by gavnnik
"We will treat each order for goods as an offer by you to purchase the goods subject to these Terms and Conditions, and we have the right to reject such offers at any time."
The key point in their T&C's is that they can reject such offers at ANY time.
Is this legal - no idea!
The key point in their T&C's is that they can reject such offers at ANY time.
Is this legal - no idea!
K.
