Refusal to send me my paid good

phlogeston

endure wrote: »

They've offered to sell him something.

He's accepted their offer.

They've taken his money.

A contract exists.

If they don't send his goods then a breach of contract has occurred and he can sue them for delivery of the goods.

The despatch thing is a red herring.

Play do not make an offer, the advertisement of goods is an invitation to treat.
OP makes the OFFER to buyer.
Acceptance of the offer to buy is ON DISPATCH.

No contract formation until ACCEPTANCE.

Money forms no part of the requirements for contract formation.

Your knowledge of basic contract law is too simplistic and simply WRONG.

phlogeston

4743hudsonj wrote: »

see... thats what i believed, that once money has been exchanged, then the goods are owed and the contract exist, but apparently not to some..

To those of us that have taken the time to study contract as part of our law degrees!

4743hudsonj

well their t&c's do say that they reserve the right to cancel an order before dispatch if there is a mistake, but it also states payment will be taken when dispatched quite clearly.

play.com took payment, indicating their acceptance of the contract as you said so you are arguing against nothing, either there is a contract and op is owed the goods or play.com are operating outside their own t&c's and have not given op his refund as their T&C's state. so your statements are partially irrelevant, as are ours, no need to get so wound up about it, you should know, the law is never that black and white.

phlogeston

4743hudsonj wrote: »

well their t&c's do say that they reserve the right to cancel an order before dispatch if there is a mistake, but it also states payment will be taken when dispatched quite clearly.

play.com took payment, indicating their acceptance of the contract as you said so you are arguing against nothing, either there is a contract and op is owed the goods or play.com are operating outside their own t&c's and have not given op his refund as their T&C's state. so your statements are partially irrelevant, as are ours, no need to get so wound up about it, you should know, the law is never that black and white.

Payment is NOT ACCEPTANCE. No matter how many times you repeat it, it won't make it true.

The law is not black and white, but contract formation has been fairly unchanged for the last century, so I doubt this case breaks any new ground.

Play.com took payment and they can give it back.

The OP asked if he can force them to supply the goods - the answer is NO, because there is no contract.

phlogeston

From the Play website ..

No contract for the sale of any product will subsist between you and Play.com until Play.com dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Play.com of your offer to buy goods from Play.com or a third party supplier that is engaged on your behalf by Play.com (whether or not you receive that e-mail).

AND

Credit and Debit cards are debited on the day of shipping by Play.com. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping.

4743hudsonj wrote: »

well their t&c's ...also states payment will be taken when dispatched quite clearly.

Clearly from the T&C payment is not taken when dispatched, but on the day of shipping. Payment could have been taken because they expected to ship later in the day, but for an unforeseen reason couldn't.

The T&Cs are in black and white and there is no contract.

4743hudsonj

then why has op been told that the goods were packaged, it just seems odd that they had everything to go and then changed their mind and why has he not recieved a refund, one way or the other pla is at fault and something needs to be done

DaisyFlower

4743hudsonj wrote: »

then why has op been told that the goods were packaged, it just seems odd that they had everything to go and then changed their mind and why has he not recieved a refund, one way or the other pla is at fault and something needs to be done

Play's system changes the status to "packing" automatically when the system accepts the order and stock levels show it is there to despatch. Obviously errors can occur and stock levels be out like in this case.

Legally Play are only obliged to refund the payment as no contract exists as no items were dispatched.

Whilst the items may be available separate, chances are the supplier was offering the package deal and not play and they dont have to sell the separate items at a loss.

smcaul

It's all well and good all this arguing over what the T&C's say and what would be applicable to English law, but the one point that seems to have gone un-mentioned is the fact that Play.com are not English and therefore English law, contract or otherwise does not apply. Well, unless Play.com have recently set up business in England that is.

advent1122

4743hudsonj wrote: »

then why has op been told that the goods were packaged, it just seems odd that they had everything to go and then changed their mind and why has he not recieved a refund, one way or the other pla is at fault and something needs to be done

Something will be done - he will be refunded.
Sent for packing does not mean they have been despatched.
It means they have been errrr sent for packing.

Tozer

smcaul wrote: »

It's all well and good all this arguing over what the T&C's say and what would be applicable to English law, but the one point that seems to have gone un-mentioned is the fact that Play.com are not English and therefore English law, contract or otherwise does not apply. Well, unless Play.com have recently set up business in England that is.

Good point. Laws of Jersey apply.