Olympus E-1 Digital SLR - £98.70 (Apple Education Store) [CLOSED]

gizmoleeds

davilown wrote:

oh dear another person who believes a company's T&Cs override the law

Actually, the terms and conditions of the contract of sale govern the contract of sale.

Unless the T&Cs breach the law then the contract of sale is enforcable by the courts based on the provisions of the T&Cs.

Unless you can find an Act of Parliament or judgement which declares the disputed provisions of the terms and conditions to be illegal or unenforcable then the contract is the law.

bad-head-day

gizmoleeds wrote:

Actually, the terms and conditions of the contract of sale govern the contract of sale.

Unless the T&Cs breach the law then the contract of sale is enforcable by the courts based on the provisions of the T&Cs.

Unless you can find an Act of Parliament or judgement which declares the disputed provisions of the terms and conditions to be illegal or unenforcable then the contract is the law.

You're totally wrong there mate.

apple_t&c wrote:

11. Our Liability


11.1 If you are a Consumer, nothing in the Contract shall limit or exclude our liability for breach of any term implied by statute.

The Law: http://www.hmso.gov.uk/si/si2000/20002334.htm

gizmoleeds

bad-head-day wrote:

You're totally wrong there mate.

Really?! :rotfl:

bad-head-day wrote:

The Law: http://www.hmso.gov.uk/si/si2000/20002334.htm

Well done, you've proved you are smart enough to google your way to the relevent Act of Parliament.

Now just find me something which says:

1. terms and conditions of a contract of sale which are agreed to by the customer are not enforceable in law; or
2. a clause which limits the supplier's liability in the case of a cancellation to a refund of money paid is not enforceable in law; or
3. providing 'inability to obtain stock' as an example of an instance in which the order may be cancelled limits the seller to only being able to legally cancel an order in that situation.

bad-head-day

1st off don't try to patronise me you !!!!.

rowantoad

Amba_Gambla wrote:

It's funny how all these noobs are getting really cross and angry with the old time posters

Amba_Gambla wrote:

we've been there, done that

Amba_Gambla wrote:

When you've been around the site a bit longer

Free yourself of the illusion of your own self importance.

deary65

Halaku wrote:

Am I right in thinking the legal costs aren't an issue if we have a strong case, as we can claim them as part of the amount we sue them for? And I don't know why people are saying a contract is only formed when Apple withdraw money from your account, as in their own terms of conditions it says a contract is formed when an 'order confirmation' email is sent out. Or does that not count for anything?

What about a class action? If we all have the same case, can we not all sue them together?

I'm confused...

To answer your questions:
1)costs are only an issue if you loose,the judge might or might not award costs.

2) however if apple take money from your account that completes the contract,you have good title to the camera and apple have good title to your money.If apple fail to deliver,which they have said in thier cancellation email,you can go straight to court.

Your are right to be confused on this issue the law is anything but clear!
As to a class action apple would be quit happy with that since they would only have to defend one action.

It is an interesting case one I'm sure most lawyers would be happy to take on.

sirboz

Am I dreaming or are some people are still dribbling on about this, yawwwnnnnnnnnnn

bleugh

p.s. blah blah blah

mdbs

bleugh wrote:

p.s. blah blah blah

PS Your are an being somewhat less than clever. Why do this childish thing?

Dont answer, not interested in stupid people and/or their opinions..

bleugh

mdbs wrote:

PS Your are an being somewhat less than clever. Why do this childish thing?

Dont answer, not interested in stupid people and/or their opinions..

Wibble (and i'm only writing this bit about 49p tellies to a: fill up space and b: laugh at the fact you didn't get one of those either :-)