Consumer Rights: MoneySavingExpert.com discussion

Art_2

HazukiSan wrote: »

I thought so, but their T&C's disagree: They claim that a contract begins upon sending of a third "order confirmation email" and that "IMPORTANT: We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we may cancel your order at any time up to the point we send you the product(s) (even if you have received your order confirmation email). We will contact you where we become aware of an error and ask whether you wish to continue with your order at the correct price or cancel it. If we do cancel your order, you will receive a full refund of any charges paid in advance."

They cannot limit your legal rights in their T & Cs.

It's just another example why I don't deal with this group (Currys, Dixons, PC World)

Regards,
Art.

HazukiSan

Superb, I'll get right on it. Any tips for the letter (like any acts I should quote, etc etc)

Art_2

HazukiSan wrote: »

Superb, I'll get right on it. Any tips for the letter (like any acts I should quote, etc etc)

Just say that in law a contract exists once money has been accepted and you expect them to honour the contract.

Depends how far you want to go with this, you could tell them that you will take them to the Small Claims Court if they don't honour the contract and pay compensation.

Regards,
Art.

cathodetube

HazukiSan wrote: »

I thought so, but their T&C's disagree: They claim that a contract begins upon sending of a third "order confirmation email" and that "IMPORTANT: We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we may cancel your order at any time up to the point we send you the product(s) (even if you have received your order confirmation email). We will contact you where we become aware of an error and ask whether you wish to continue with your order at the correct price or cancel it. If we do cancel your order, you will receive a full refund of any charges paid in advance."

Art, Is the above also like Loss of Bargain?

Art_2

cathodetube wrote: »

Art, Is the above also like Loss of Bargain?

Yes, it is. The retailer is liable and can't get out of it by quoting T & Cs.

Regards,
Art.

HazukiSan

Got a reply from Curry's:

"Thank you for your email dated 3 September 2007.

Having looked at your order, I can see that on placing your order that the
item you required became out of stock. Therefore, this order was cancelled.
This product is still out of stock, and we have no future intake date from
the
manufacturer for this item.

The corresponding acknowledgement that is sent on receipt of an order is
issued automatically to state that your order request has been received.
A second email would then be issued to you to say funds have been taken
from your account and stock has been allocated to your order. These emails
are both acknowledgements, not acceptance of your order. Acceptance of your
order and the creation of a legally binding contract between us will only
occur
when we send a third email confirming your order and its dispatch.

Kind regards

Tracy Ashton
Currys Support"

Any ideas?

Art_2

HazukiSan wrote: »

Got a reply from Curry's:

"Thank you for your email dated 3 September 2007.

Having looked at your order, I can see that on placing your order that the
item you required became out of stock. Therefore, this order was cancelled.
This product is still out of stock, and we have no future intake date from
the
manufacturer for this item.

The corresponding acknowledgement that is sent on receipt of an order is
issued automatically to state that your order request has been received.
A second email would then be issued to you to say funds have been taken
from your account and stock has been allocated to your order. These emails
are both acknowledgements, not acceptance of your order. Acceptance of your
order and the creation of a legally binding contract between us will only
occur
when we send a third email confirming your order and its dispatch.

Kind regards

Tracy Ashton
Currys Support"

Any ideas?

What a load of rubbish Currys are writing. A contract was struck when they removed money from your account.

Have a word with your local Trading Standards Officer and ask for his help.

Regards,
Art.

feelingdown

Hi, I am hoping someone can give me bit of advice.

Yesterday while out shopping i came across a little stall in the middle of my local shopping centre. They were selling sea-spa stuff. I got sucked right in as this nice man gave me a demonstration and convinced me to part with £40 for a salt scrub and a moisturiser. As soon as i left the stall i knew i had been stupid and that i did not even want the stuff. Im just wondering if i can go back tomorrow and get a refund.

I have emailed the company through the website sea-spa.co.uk but no answer. There is nothing on the back of the receipt at all it is blank and just hand written on the front wht i bought and how much for.

TIA

HazukiSan

Just off the phone with trading standards, they claim as I am getting refunded that from a legal standpoint there is nothing I can do and I essentially have no right to complain.

cathodetube

HazukiSan wrote: »

Just off the phone with trading standards, they claim as I am getting refunded that from a legal standpoint there is nothing I can do and I essentially have no right to complain.

That's very interesting. Did you try Consumer Direct? You could mention the Loss of Bargain to them as well. Maybe Trading Standards couldn't be bothered as they are swamped, which is why Consumer Direct was set up.

I have had good help from CD.