Do they have to honour the price !!
28 April 2004, 12:14 PM
#91
Scooby Regular
iTrader: (1)
Join Date: Apr 2001
Location: Yorkshire
Posts: 16,517
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by kelvin
I understand what you're saying, but this clause doesn't automatically indicate that everything prior to despatch gives rise to a contract - the normal rules need to be applied, and fulfilled (Offer & Acceptance/Consideration etc.) 
If you see my last post, you'll understand why I don't feel that this is the case in this instance.
K.
If you see my last post, you'll understand why I don't feel that this is the case in this instance.
K.
I wonder how she will explain the e-mail I received today though......... should be intresting
If she just said "Sorry the wheels where mis-priced" I'd happily reply "No Problems, I thought they where cheap" Job done
28 April 2004, 12:19 PM
#92
Guest
Posts: n/a
OK had a very interesting chat with Kent Trading Standards. I made it clear I wasn't making a complaint or trying to follow anything up but merely interested in the point of law.
Her answer was that you could go to court and argue they have entered into a contract of sale by the fact they have taken money off of you for the goods. However the judge would also look at other factors like the fact you knew full well the price was very wrong and you were trying to take advantage of someones mistake. She said there is no answer here as it would be down to the judge, the company has made a mistake and quite possibly entered into a legally binding contract no matter what their t&c's are due to them taking your money, but at the same time the moral implications are quite high due to taking advantage of an obvious mistake. I also pointed out the company was trying to worm its way out by lieing and not telling the truth and she agreed they would be making it a lot easier on themselves if they just kept to the truth. Its whats known as a grey area this one
I wouldn't fancy my chances with a judge on this one though
Still worth winding the company up though just because of thjeir sheer incompetence. They have also broken one of their t&c's by not informing us first before cancelling the order, they are supposed to say that you can wait or have a refund and this wasn't done.
Her answer was that you could go to court and argue they have entered into a contract of sale by the fact they have taken money off of you for the goods. However the judge would also look at other factors like the fact you knew full well the price was very wrong and you were trying to take advantage of someones mistake. She said there is no answer here as it would be down to the judge, the company has made a mistake and quite possibly entered into a legally binding contract no matter what their t&c's are due to them taking your money, but at the same time the moral implications are quite high due to taking advantage of an obvious mistake. I also pointed out the company was trying to worm its way out by lieing and not telling the truth and she agreed they would be making it a lot easier on themselves if they just kept to the truth. Its whats known as a grey area this one
I wouldn't fancy my chances with a judge on this one though Still worth winding the company up though just because of thjeir sheer incompetence. They have also broken one of their t&c's by not informing us first before cancelling the order, they are supposed to say that you can wait or have a refund and this wasn't done.
28 April 2004, 12:19 PM
#93
Scooby Regular
Join Date: Dec 2000
Posts: 754
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by gavnnik
Surely:
Offer: Them placing the wheels for sale on the website
Acceptance: Me placing an order
Consideration: Me paying them for the wheels
Offer: Them placing the wheels for sale on the website
Acceptance: Me placing an order
Consideration: Me paying them for the wheels
Invitation to Treat - Wheels advertised on the Website
Offer - You placing an order (Automatic acceptance by a computer system is irrelevant IMO)
Non-Acceptance - The company rejecting your offer and refunding your (automatically charged) credit card
All IMO of course
K.
Last edited by kelvin; 28 April 2004 at 12:23 PM.
28 April 2004, 12:23 PM
#94
Scooby Regular
Join Date: Feb 2004
Location: Dubai
Posts: 615
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by kelvin
No...
Invitation to Treat - Wheels advertised on the Website
Offer - You placing an order (Automatic acceptance by a computer system is irrelevant IMO)
Non-Acceptance - The company rejecting your offer and refunding your (automatically charged) credit card
All IMO of course
K.
Invitation to Treat - Wheels advertised on the Website
Offer - You placing an order (Automatic acceptance by a computer system is irrelevant IMO)
Non-Acceptance - The company rejecting your offer and refunding your (automatically charged) credit card
All IMO of course
K.
28 April 2004, 12:24 PM
#95
Scooby Regular
Join Date: Dec 2000
Posts: 754
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by gavnnik
Makes sense. Doesnot mean I'm going to stop trying to get them to admit to their mistake!
Go for it - you never know, you may get something out of it
28 April 2004, 01:34 PM
#97
Scooby Regular
Join Date: Jul 2002
Location: Sussex
Posts: 950
Likes: 0
Received 0 Likes
on
0 Posts
28 April 2004, 03:09 PM
#98
Scooby Regular
Join Date: Aug 2001
Location: Warrington
Posts: 4,554
Likes: 0
Received 0 Likes
on
0 Posts
2p :
... we have the right to reject such offers at any time.
29 April 2004, 10:58 AM
#100
Scooby Regular
iTrader: (1)
Join Date: Apr 2001
Location: Yorkshire
Posts: 16,517
Likes: 0
Received 0 Likes
on
0 Posts
This is the reply I received......
"Thank you for your e-mails.
With regard to your query we do not hold any stock of the wheels that you ordered in the company, nor did we on 26th April when you claim that you were told that these were available in one of our branches. If this is what you were told, it is definitely not the case. Regardless of that, our business is structured in such a way that we cannot use branch stock to fulfil orders through our website, and it is your choice as to whether you purchase from us in store, or online.
However, we are able to supply the wheels by special order from our wheel supplier. If you still wish us to do so we are happy to do that, but ask that you provide us with details of the vehicle to which you intend to fit the wheels in order to avoid any problems with fitment. The cost of the wheels will be £1,403.96 . Please contact us if you wish us to order them for you.
With respect to your statement that by taking payment that we have entered into a contract with you, this is not the case. Whilst the Terms and Conditions state that the conclusion of a contract is when goods are despatched to you, they also state that, "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." In this instance we have chosen to reject your offer, and have refunded your money to you.
Regards
Fiona Huddleston
MWD Customer Services"
"Thank you for your e-mails.
With regard to your query we do not hold any stock of the wheels that you ordered in the company, nor did we on 26th April when you claim that you were told that these were available in one of our branches. If this is what you were told, it is definitely not the case. Regardless of that, our business is structured in such a way that we cannot use branch stock to fulfil orders through our website, and it is your choice as to whether you purchase from us in store, or online.
However, we are able to supply the wheels by special order from our wheel supplier. If you still wish us to do so we are happy to do that, but ask that you provide us with details of the vehicle to which you intend to fit the wheels in order to avoid any problems with fitment. The cost of the wheels will be £1,403.96 . Please contact us if you wish us to order them for you.
With respect to your statement that by taking payment that we have entered into a contract with you, this is not the case. Whilst the Terms and Conditions state that the conclusion of a contract is when goods are despatched to you, they also state that, "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." In this instance we have chosen to reject your offer, and have refunded your money to you.
Regards
Fiona Huddleston
MWD Customer Services"
29 April 2004, 11:05 AM
#101
Guest
Posts: n/a
LOL they are trying it on, as I was told by trading standards, it would have to be argued in court as a good solicitor would give a good case to a contract being made by the money exchanging hands. Too late to cancel after that! However also the obvious mistake of the price would then be thrown in and make it difficult to get a win and have the wheels.
29 April 2004, 12:53 PM
#102
Scooby Regular
Join Date: Nov 2000
Posts: 2,174
Likes: 0
Received 0 Likes
on
0 Posts
You all seem to be forgetting about data protection too.
When you buy online the acceptance is not the sale of goods but the fact your credit card is OK to use. The reason payment goes through immediately is it is illeagal to hold on to this information, so they must create a sale, which can then be refunded.
When you buy online the acceptance is not the sale of goods but the fact your credit card is OK to use. The reason payment goes through immediately is it is illeagal to hold on to this information, so they must create a sale, which can then be refunded.
29 April 2004, 12:59 PM
#103
Scooby Regular
iTrader: (1)
Join Date: Apr 2001
Location: Yorkshire
Posts: 16,517
Likes: 0
Received 0 Likes
on
0 Posts
I'm past caring now..... just told them it would have been nice to have had an e-mail between the confirmation and the refund to explain the cancellation.
29 April 2004, 03:30 PM
#104
Scooby Regular
Join Date: Nov 2000
Location: Glasgow
Posts: 1,432
Likes: 0
Received 0 Likes
on
0 Posts
I ordered a set and got the same email back about order being cancled. I was chating to my sister about this (an e-commerce solicitor) I told her the story and said I will just drop it. She wanted to take it on and is in talks with head office. Before getting head offices number she was told by an employee of the company they had made a mistake and priced the wheels wrong.
I will let you know what happens.
I will let you know what happens.
29 April 2004, 03:38 PM
#105
Scooby Regular
iTrader: (1)
Join Date: Apr 2001
Location: Yorkshire
Posts: 16,517
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by Jer
I ordered a set and got the same email back about order being cancled. I was chating to my sister about this (an e-commerce solicitor) I told her the story and said I will just drop it. She wanted to take it on and is in talks with head office. Before getting head offices number she was told by an employee of the company they had made a mistake and priced the wheels wrong.
I will let you know what happens.
I will let you know what happens.
29 April 2004, 04:12 PM
#108
Guest
Posts: n/a
Seriously though I doubt very much she will be able to get a positive result, not because I doubt her ability but due to the fact the price was an obvious mistake and a judge would be unlikely to uphold the contract of sale, even if was proved to be a contract once payment had been made.
Will be interesting to see if they fold though or if she comes up against a brick wall and they remain hard nosed.
Will be interesting to see if they fold though or if she comes up against a brick wall and they remain hard nosed.
29 April 2004, 04:19 PM
#109
Scooby Regular
Join Date: Dec 2002
Location: Logged Out
Posts: 10,221
Likes: 0
Received 0 Likes
on
0 Posts
Anybody of an ethnic minority ordered them? There may be an another angle there?
No Immigrants on here is there? Definite result!!
The others could try the stress, public humiliation or even loss of earnings angle spending so much píssing time on it!!
No Immigrants on here is there? Definite result!!
The others could try the stress, public humiliation or even loss of earnings angle spending so much píssing time on it!!
Thread
Thread Starter
Forum
Replies
Last Post