Consumer right buying from a shop

Valli

I did post that it was an invitation to treat - I think the confusion arises because shops 'offer goods at a certain price' eg with 'special offer'...
but hey it's sunny, I'm off work for a week...I'm chillin...I am not even going to correct your word misuse:p:p:p:p:cool::cool::cool::cool::cool:

hayley11

A contract is made up of an OFFER, then you ACCEPT it then money is exchanged (CONSIDERATION)

So perhaps you should give Valli that extra point, I'm sure they were devastated you took it off them. :rolleyes:

Also the OP wasn't asking us to say "yes you can have a refund" - he/she was simply asking what their rights were. So we told them.

Bamber19

hayley11 wrote: »

A contract is made up of an OFFER, then you ACCEPT it then money is exchanged (CONSIDERATION)

So perhaps you should give Valli that extra point, I'm sure they were devastated you took it off them. :rolleyes:

Also the OP wasn't asking us to say "yes you can have a refund" - he/she was simply asking what their rights were. So we told them.

What I was saying to Valli wasn't meant to be taken seriously, it was simply a nod to the confusion between the word offer in the english language and the legal definition of an offer, especially when both are being used in the one paragraph.

I am fully aware of what forms a contract, as is Valli, hence the 9/10 for what he said, the point was removed (as above) for using the word offer to describe an invitation to treat (albeit he said as much in brackets afterwards)

As for the matter of telling the OP what rights he/she had... I simply felt the need to include the fact that they may have a right arising from their contract with the shop dependant upon the terms of that contract. It's not as simple as your answer which negated to mention the existance of rights arising from contractual obligations and simply passed these of as something you may ask for after the event.

It basically just irks me when people fail to examine the possibility of a right to a refund arising from a contractual obligation and instead start with "You're not entitled to..." or "You have no right to..." when that often is not the case.

Valli

***sobs***
I am a girl - I gotta pic of Gene Hunt because I think he's well fit guv'!
I was attempting, clumsily, to allude to the fact that offer has an everyday meaning but also a specific legal meaning which, being qualified in Law, I know full well...
Hence the commonly held misconception that shops, when they price their goods, (well the staff since we're being pedantic) MUST sell at the price.
In law (as so very many posters on here DO know) a price (stickered; advertised) is an invitation to treat and the offer is made when the customer walks into the shop and picks up (or otherwise indicates his/her intentions) the item and offers to buy it.
The shopkeeper can then agree to accept the offer to buy or decline it. I don't think it even needs to be verbal - pick up item, offer to pay, shopkeeper accepts payment, delivers/hands over goods. Contract fulfilled.
Or the shopkeeper can say that there has been a mistake and the item has been mispriced and there is nothing the would be consumer can do about it.
9/10 'll do for me...
and I would be a sad person if I took all posts made around what I personally have posted as serious BTW

(and it's an A Level...I have one A level and it's A Level Law....funnily enough, despite my University degree THAT'S the qualification I have which most impresses people...I did it at night school, too!)

hayley11

Bamber19 wrote: »

As for the matter of telling the OP what rights he/she had... I simply felt the need to include the fact that they may have a right arising from their contract with the shop dependant upon the terms of that contract. It's not as simple as your answer which negated to mention the existance of rights arising from contractual obligations and simply passed these of as something you may ask for after the event.

It basically just irks me when people fail to examine the possibility of a right to a refund arising from a contractual obligation and instead start with "You're not entitled to..." or "You have no right to..." when that often is not the case.

Well what REALLY irks me is when somebody comes along and doesn't bother to read a thread properly then post acting like they're the only one who gave the right advice. We very clearly said the OP had no legal statutory rights BUT the shop may have a policy where they can get a refund. Go and read post number two by me please.

Bamber19

If you posted with a bit more clarity and had emphasised to the OP that their contractual rights may have a bearing rather than suggesting (in post 2) that it'd basically be a favour by the company to offer a refund. (If I didn't know better then your talk of policy would have put me in mind of a policy such as "If someone comes in asking for a refund you can give it if you so choose" rather than the reality, which is one of contractual obligations) No mention of the very important fact that the refund policy at the time of sale is very likely to form a part of the contract and therefore give the OP a contractual right to a refund. (albeit provided it's within the time limit and that the item is not used/opened)

"All you can do is ask" really isn't the case where at the point of sale a contractual obligation to accept a return within a time limit and where the item is in its original condition has been created.

I'd like to think that when someone askes a question they can get a clear and detailed answer in one post without relying on piecing together a jigsaw of posts or guesswork to fill the gaps in the information provided.

Valli, i'm terribly sorry to have upset you, in the most basic terms I found it funny that you used the word "offer" in its english language sense in a post about formation of contract where offer obviously has a more specific meaning, and I wanted to make some mention of it, nothing more, nothing less.

scullster

I think the OP has long gone.....................................

hayley11

Well OBVIOUSLY the OP didn't know what the shops return policy was so telling them to ask was probably the best advice anybody could have given him.

And my post was clear, crystal clear in fact. The OP understood it so it looks the only person who cannot grasp plain English is you.

bingo_bango

All that and nobody thought to mention intention to contract.....:whistle:

Valli

not upset LOL

just showing off really :rotfl: