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Acceptance of order price mismatch and cancelled order
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Section 28 of the Sale of Goods Act says......an acknowledgement email and/or taking the money must create a contract. Without a contract the buyer doesn't owe the seller anything so there is no basis for the seller to collect the money
The important words there are Unless otherwise agreed.28 Payment and delivery are concurrent conditions.
Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
Their T&Cs, as quoted in the original post, state when the contract is formed, and this would've been agreed to by the customer at the time of purchase.
In my opinion, their T&Cs in this respect overrule the default position of the contract being formed when the money is paid.
And to the OP I say again, if you haven't got an Acceptance Confirmation, then there is no contract in place.0 -
yep, buyer & seller can agree when payment and delivery take place but surely any such agreement is part of a contract?
As above, without a contract there is no basis for the seller to collect the money and that's before you consider that T&C can only have any force as part of a contract.
I'd say in law the offer & acceptance (confirmation) can create a contract in advance of agreed later payment & delivery and indeed, that is the only sensible function of the acceptance confirmation.
Similarly, offer followed by buyer taking payment must create a contract because unless it does the buyer has no right to take the money.
Might be a grey area where the buyer just reserves the money on a card but if they actually take the money then there must be a contract in place0 -
I would say OP has had an 'acceptance confirmation'. The email does not need to be headed with or contain the words 'acceptance confirmation', as long as the words confirm acceptance. I think in the ordinary sense, this has been done:So, if you haven't got an Acceptance Confirmation, then it strikes me that there is no contract in place.underthesea wrote: »Payment Processed
"Dear X
We can now confirm that your order (X) has been processed and payment has been successfully taken.
The order will be delivered on your selected delivered date. An email will be sent as soon as your order is dispatched from our warehouse."You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'0 -
I would tend to agree. THAT email intimates that a human has been involved in the process, thus the order has been accepted.
Many online companies clearly state in their T&Cs that the contract is formed only when the goods are shipped. OP says THIS company's T&Cs are different.0 -
There is a legal term "de minimis", which refers to something too trifling for the court to waste time over.
Interesting, never heard about. This wouldn't go to court, just small claims. Justice and not leading on the consumer has to win out.I would say OP has had an 'acceptance confirmation'. The email does not need to be headed with or contain the words 'acceptance confirmation', as long as the words confirm acceptance. I think in the ordinary sense, this has been done:
Yes, seems common sense. There are many greetings, hello, hi, yo but you do not need to say 'greetings'.
Currently, I have on email a record of them stating they are pulling out of the contract. I've asked them to check their T&C and point out where they say they can do this and awaiting a reply.I would tend to agree. THAT email intimates that a human has been involved in the process, thus the order has been accepted.
Many online companies clearly state in their T&Cs that the contract is formed only when the goods are shipped. OP says THIS company's T&Cs are different.
I am quoting their own T&C under the section 'How the contract is formed between you and us' But what is the point of a contract if nothing can be done until delivery? I think vaio addressed this above which is an interesting thought.0 -
underthesea wrote: »Interesting, never heard about. This wouldn't go to court, just small claims.
You do realise that its small claims court, right?You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
underthesea wrote: »Interesting, never heard about. This wouldn't go to court, just small claims. Justice and not leading on the consumer has to win out.
Yes, seems common sense. There are many greetings, hello, hi, yo but you do not need to say 'greetings'.
Currently, I have on email a record of them stating they are pulling out of the contract. I've asked them to check their T&C and point out where they say they can do this and awaiting a reply.
I am quoting their own T&C under the section 'How the contract is formed between you and us' But what is the point of a contract if nothing can be done until delivery? I think vaio addressed this above which is an interesting thought.
If a party pulls out of a contract, the other party can generally sue for losses. In your case there are no loses, so what could you sue for?0 -
unholyangel wrote: »You do realise that its small claims court, right?
A small claims court is place to deal with it I would have hoped. I've gone through a small claims court before for something similar (a car dealership who wanted to keep a £200 deposit without holding their end of the bargain of fixing a car before releasing it)If a party pulls out of a contract, the other party can generally sue for losses. In your case there are no loses, so what could you sue for?
I'd first go to trading standards - there has to be some ground for consumers and fighting for those contracts, otherwise as consumers, we become f'd and walked over. Imagine you pay for your shopping online and they don't deliver and refund. What is the point of T&C, contracts, etc if nobody upholds it. Their failing is not holding up their end of the contract and they should provide the item at that price.0 -
underthesea wrote: »A small claims court is place to deal with it I would have hoped. I've gone through a small claims court before for something similar (a car dealership who wanted to keep a £200 deposit without holding their end of the bargain of fixing a car before releasing it)
I'd first go to trading standards - there has to be some ground for consumers and fighting for those contracts, otherwise as consumers, we become f'd and walked over. Imagine you pay for your shopping online and they don't deliver and refund. What is the point of T&C, contracts, etc if nobody upholds it. Their failing is not holding up their end of the contract and they should provide the item at that price.
Sorry, I was saying its small claims court because you were saying it wouldnt go to court, just small claims. Small claims is still a court - just for small claims (obviously
).
As for TS, they'll take note of your complaint but they rarely if ever act on single complaints/on behalf of a consumer.
There are grounds for fighting cases like these but as I said before, courts tend to take a dim view of people who claim over principle. You are expected to be reasonable in your actions. Going to court over a trivial amount would likely be seen as unreasonable.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
underthesea wrote: »A small claims court is place to deal with it I would have hoped. I've gone through a small claims court before for something similar (a car dealership who wanted to keep a £200 deposit without holding their end of the bargain of fixing a car before releasing it)
I'd first go to trading standards - there has to be some ground for consumers and fighting for those contracts, otherwise as consumers, we become f'd and walked over. Imagine you pay for your shopping online and they don't deliver and refund. What is the point of T&C, contracts, etc if nobody upholds it. Their failing is not holding up their end of the contract and they should provide the item at that price.
I would just take my business elsewhere.
Again what is the loss you will be claiming for?0
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