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freemans.com Silentnight King-size Bed Bargain ??

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  • Also, usually most big companies have out-clauses in their terms and conditions, which you have to agree to before making a purchase.

    Not had my email yet, is it just a matter of time?!
  • lisawood78
    lisawood78 Posts: 3,884 Forumite
    Good point, anyone else had a cancelleation yet?
    2 angels in heaven :A
  • emzeebabez
    emzeebabez Posts: 220 Forumite
    ive had the dreaded email also ... nevermind eh x
  • R0CKY
    R0CKY Posts: 121 Forumite
    I checked UK law on it, and according to this page if e-tailers wish to avoid being bound by a contract to sell, and if they send out e-mails, they are to avoid using phrases such as
    Your goods will be dispatched within 24 hours",
    as this will suggest that the offer has been accepted.

    In the Freemans e-mail they say...
    Your order has been processed and will be despatched to you shortly.
    Which is indication of a completed contract, according to out-law.com - who offer this advice to e-tailers, which clearly has not been followed by Freemans.
    When the card details are validated, give the customer a confirmation page. This should not confirm a completed contract, so avoid using phrases like "Your goods will be dispatched within 24 hours", as this will suggest that the offer has been accepted. Instead, this page should confirm that the order has been received and that the order is being "processed". This makes it clear that you have not yet accepted the order. It might be helpful to give the customer an order number at this stage so that he or she can chase-up any problems. It is good practice, though not legally required, to ask the user to click a button on this confirmation page to indicate that he has read the confirmation – e.g. a "Continue" button, linking to the homepage of site, and taking the user out of the secure area of the site.
    Many sites at this stage will automatically generate an email confirming the customer's order. If you are going to do this it should only really contain the information contained in the confirmation page, and again avoid any language which suggests that the contract is completed.
    Rocky.
  • R0CKY
    R0CKY Posts: 121 Forumite
    bob-a-job wrote: »
    sadly that's not true. check the old B&Q/luxury Panasonic items for 1p threads for pages and pages of legal info on why this is not true, or take my word for it.

    This is different, a 1p item is clearly an error, a £156 bed advertised with the saving clearly showing next to it, is feasible.
    Rocky.
  • deejossi
    deejossi Posts: 12 Forumite
    I too, have an email saying that the order has been processed and will be dispatched within 12 days, but it does state this..."This confirmation e-mail is automatically generated, and does not indicate a contract has been formed."

    I think this is probably their gonna be their 'get out clause'.
  • bob-a-job_2
    bob-a-job_2 Posts: 159 Forumite
    ok, didn't realise you were a lawyer.

    the phrase
    “We reserve the right not to supply you at our discretion” is what u need to look for.

    Best of luck tho'.

    "Sealed Pot challenge" member No.1378 -
    Target = £300 by 5 December 2011
  • tobykim wrote: »
    It seems to me that nobody is reading the previous posts by ringing them up they have been well and truly alerted to the price of this which spoils it for everyone I really don't blame people for no advertising the fact when they find something like this

    It's not the people ringing up that's alerting them, it's the fact they have sold 2000% more of these bed's than they normally do in a 12 hour period.

    People rining will NOT make any difference to this. People really need to get over that.
  • R0CKY
    R0CKY Posts: 121 Forumite
    deejossi wrote: »
    I too, have an email saying that the order has been processed and will be dispatched within 12 days, but it does state this..."This confirmation e-mail is automatically generated, and does not indicate a contract has been formed."

    I think this is probably their gonna be their 'get out clause'.

    Sadly, I agree. The rest of the email gives every indication under law that a contract has been formed, but that sentence probably does give them a get out of jail card.
    Rocky.
  • deejossi
    deejossi Posts: 12 Forumite
    I'm not a lawyer and never stated that I was even trying to be one. I was only mentioning that this was the only statement from Freemans that they could use to cancel the order within the email, and personally I shall fight it if they try. I didn't mean to offend anyone.
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