Website Price !!!!-up - What are my rights?

chuckles1066

dmg24 wrote: »

blue_monkey knows that free publicity is against the rules of MSE.

My apologies; I had no idea you were his/her spokesperson.

Please forgive me.

blue_monkey_2

I think you'll find that I give the same sort of service I expect to receive!! Maybe you want to buy something and give it a try. If you get bad service THEN you have a right to complain and tell other until then you cannot comment, can you? As I say, look carefully and you will find it. Hiding? What have I got to hide for? Go on, take a look and you will find it. you've been a member on here for a long time, you should know by now.

I've nothing to hide behind because I do nothing wrong, a customers card gets charged about 10-30 minutes before their order is dispatched. If something happens and I cannot fulfil the order - the last instock item is damaged or it sells before the stock is 'picked' and updated on the system for example (and no, neither of these things have ever happened but who knows) - then the order is cancelled before the card is charged.

T&C are there to protect the retailer - whether you like it or not. Try to buy something and find something to nit pick over - you will not find anything because I run a good business.

Of course. w2w's mistake was to say that it was because of a pricing error when they could have said a huge volume of orders has resulted in them selling out. No-one would have complained then but then everyone would have said 'oh no, what a shame we missed the boat'. I guess they wanted to be honest and for that they get a slating. Maybe like others they cannot afford to give stuff away and lose money at the moment.

DMG - still not found it!! Have you seen it before? Do you like my new Xmassy look??

As I said before, I could do with some free publicity on these boards as I am much cheaper than a lot of other places selling the same thing but as you have never actually bought anything you do not have the right to tell others things about my business that are clearly lies.

darich

chuckles1066 wrote: »

All you have to do is post it here; free publicity, can't be bad?
Please post your site address, it's a few keypresses?

It's amazing what you can find on poster's public profile!!!

As far as I'm aware a contract is formed once money has been accepted for goods/services. If the card was charged (it was) then as far as I can see a contract is formed.
If the seller refuses to honour that contract and refund money, then that's a broken contract and the seller must correct it. That could be by selling the previously promised goods at the reduced price or offering some sort of reduction to match the saving made by the error in the first item.

chuckles1066

blue_monkey wrote: »

T&C are there to protect the retailer - whether you like it or not

Straight yes or no answer; you've paid a solicitor hundreds of pounds to draft your "bombproof" T&C (as almost every other web retailer will have).

Do you believe your T&C override my statutory rights when ordering from you?

No, you don't, because you'd be foolish.

It's why, for example, Play (HP printer fiasco) have had to offer £50 vouchers and amend their T&C's and even that won't save them if someone decides they really do want the printer at the advertised price.

I'm genuinely worried for your business if you really are as naive as you portray where business matters are concerned.

blue_monkey_2

Please do not be worried. I've got this far down the line without your help and really, things will be fine. I am doing what I've been doing for the last 6 years without a problem. If I am taking money from people without sending their goods/fulfilling their orders then be worried but I am not. As you stated, when the payment is debited no contract exsists why WHY are you still going on about MY business? Just what is it you want?

You know what, you really know nothing about me and nothing about my business. did you find it yet or are you just stabbing in the dark and whittling on about knowing it all and trying to find the next person to screw over? If you have nothing better to do than sit there critsising a business you know nothing about then good for you.

I like working for myself, it suits me and it suits my family life. While you sit there harping on I get the impression you'll find any reason to screw someone to the ground. Well good for you/poor you, whatever. I choose to work from home as I have a disabled child, working from home means I am there for him when he needs me to be, working for myself means I do not have anyone else to answer to, time off for hospital, etc... my children do not have to get dumped in childcare as I am there for them. And I get some switch of time from fullt time mum and carer. And you know what, despite your posts I am PROUD of what I do, the business I run, the way I treat my customers, the website I have built myself from scratch and the family I am bringing up.

If you want to pick holes in my T&C and sit there going on about a site you've never even clapped eyes on then good for you. Now go off and bother someone else as I really not give a toss as to whether you are worried about me or not.

When I start taking money from people without having goods to send then you can show your concern. I could take 100 orders off people but if they do not pay me then I've done nothing wrong and there are no SR if you've not paid for anything. Is there? You already stated this. So please just leave my business alone as I really have no idea what it is you want from me? Are you jealous? Or what? Because I am really not sure why you are 'concerned', you've already stated that almost every other website (in the world) has the same T&C so please go bother them and try and make them concerned - they probably take your money first as well!!

dmg24

chuckles1066, the only person that you are making look silly or naive is yourself.

blue_monkey has fully illustrated and backed up all of the points that they have made. You have not done this with any of your points, except from saying 'this is what A Level students are taught'.

If you are so sure that blue_monkey's own t&c's are unlawful, then perhaps you could take this as an opportunity to demonstrate your legal abilities, and sue them (sorry blue_monkey!)?

blue_monkey_2

No worries DMG - I know what you are getting at. Maybe chuckles is trying to find something to suit him...... maybe a nice little number in red.....

ispartacus75

blue_monkey wrote: »

When I start taking money from people without having goods to send then you can show your concern. I could take 100 orders off people but if they do not pay me then I've done nothing wrong and there are no SR if you've not paid for anything.

I would agree with you completely here. The buyer has said I will offer you £x for your product. Until the seller accepts £x there is no contract. But that is not the OP's state of affairs. In his/her case the seller DID accept £x. The buyer offered a price. The seller accepted the price AND TOOK THE MONEY OFF THE BUYER and therefore accepted the terms of the contract, therefore a contract at that point exists.

I know that T&C can say different. But T&C can and have been proven to be wrong in the past.

What would be stopping me setting up a fictitious company selling something for £100, accepting orders off 10,000 people and debiting their CC cards, then sitting on the £1 million for 14 days before saying 'Oh there was a pricing error, we will refund your money back'. In the meantime I have earned a bit of interest on the money that I have taken from these people. And if anyone gets funny and talks about legal action I can simply hide behind T&C and state that no contract was formed as the goods (which I never had or intended to have) werent shipped?

I respect the fact that you do not operate like that and I applaud you for the way you appear to do business. If more companies operated the way you do then these issues would be less likely to arise.

blue_monkey_2

Thanks isparticus.... I would never of thought of doing that, that is the honest part of me but I can totally understand what you are saying.

As I say, I used to accept Paypal and some of the items I sell are special order so people would pay for them and then have to wait 2 weeks for the goods. I was not comfortable with that and this is why I have chosen to process manually and not to set up with Barclays Epdq (for free as they are my merchant bank) as they charge at point of order - it would be a damn sight easier and you would not believe how many people order using the 'wrong' card details. At the moment they order and I buy the stock and then I charge the customer. It is a risk though, sometimes people give the wrong card details or people paying using maxed cards and because the order has gone through on screen not send payment and then send threateneing emails asking where their goods are. They assume they have got away with it and I'll send the goods if they are aggressive enough. *sigh* What can the retailer do though, we have to just take it on the chin, the goods are paid for and I am then out of pocket as I have not got another customer to sell them onto.

So it is swings and roundabouts - I choose to do it my way though and charge later and take that risk as I feel more comfortable doing this. However, we do have to have terms and conditions such as a returns policy. I used to offer free postage on orders over £100 but people would order £100 and then return everything except something that cost £10...... so we had to stop doing that as we was losing money there too. Not only was we sending Special Delivery on the order but I was then left with £90 worth of goods that they really had no intention of buying. Because the ranges and sizings are so vast the chances of 2 people buying the same style, size and colour are very remote.

Still, that's business. I do enjoy working for myself, it works around my family and my young children have their mummy at home, I do not borrow for my business so if something happened tomorrow I have no-ones money and no orders to fulfil and I do not owe the bank.

So there is no hiding as chuckles was suggesting, I think I am an honest person and I run a decent business and I think I give a good service and people get a good product - however, the T&C are there - as they are on each and every website. I did not appreciate someone who did not know my business telling everyone else I was a shady dealer when they actually knew nothing about it and had not even seen the website.

And with that I have around £200 in 5p's to go and count and bag for the PTFA this morning...... hurrah!!

Clive_Woody

blue_monkey wrote: »

No worries DMG - I know what you are getting at. Maybe chuckles is trying to find something to suit him...... maybe a nice little number in red.....

Nice website :beer: