Rainwater Tank 1100 Litre £1498.00now£50.00@B&Q smaller one also avail for same price

Lynsey

Just had a look at the new B&Q T&C's and I'm delighted with the changes.
They still like to use the word "discretion" - lol.
A bit more time on my hands tomorrow, so I'll print them off and highlight the obvious clauses which should have been there immediately after the Beckett v B&Q case.
Sods law there will another "bargain" in the next few weeks, shouldn't be greedy though.

Lynsey

veruccasalt

taxiphil wrote: »

Oh... My... God... the troll's waving her human rights flag in the air now. This is pure comedy gold.

Do some further reading beyond the first para of your Wikipedia aricle and you'll find it's not an absolute right. And it certainly doesn't apply to privately owned web forums - you stick to the rules the site owner has laid down. If you don't agree with those rules, go and walk round in the street with a megaphone or something. :rotfl:

I was responding directly to the post above, as you say, 'pure comedy gold', or perhaps intimidating and bullying. And I comply completely with the Forum Rules. Its Beckett who needs to read up on the rules. Most of what he writes is so personally abusive that he has to add little asterixes and typos to be permitted to post them.

You too are a bully and are personally offensive toward me just because I hold a different opinion to you.

PS Beckett, I won't be replying to your pm, but if you want to do some good for these worthy causes, why don't you try doing some voluntary work for them, or some more if you still have time on your hands. I am sure they would appreciate it greatly.

TBeckett100

Lynsey wrote: »

Just had a look at the new B&Q T&C's and I'm delighted with the changes.
They still like to use the word "discretion" - lol.
A bit more time on my hands tomorrow, so I'll print them off and highlight the obvious clauses which should have been there immediately after the Beckett v B&Q case.
Sods law there will another "bargain" in the next few weeks, shouldn't be greedy though.

Lynsey

I think there is a bit of a question about whether offering something for sale, and someone paying for it constitutes a contract irrespective of whether the B&Q T&Cs tell you that they havent formed a contract. However, I am pushing to get them to ask people to read and accept them so at least the buyer understands the agreement he/she is forming before they push to buy button.I am surpised B&Q do not do this as it must have been one of the only websites I have ever bought anything off where I am not asked to tick a checkbox.

Anyway at least some progress has been made.

Lynsey

The first thing I noticed is that they state they can change the T&C's at any time and any changes take effect on the day of change - good so far and correct.
Then the pricing error - they will not be obliged to supply goods at the incorrect price - good again.
They reserve the right to adjust prices, goods etc, but not after they accept your order - good again, they can't change anything once a "contract" was formed.
It goes on to say we will have the opportunity to check and correct any errors before clicking to confirm order - good again, nice to check that you have entered the correct amount, ie; you entered only one but wanted two. ;-)
All orders are subject to being accepted, and they may choose not to accept your order - good to have the option.
The email is not an acceptance of the order, just acknowledgement - good again.
If no stock availability, you will be contacted to discuss how you wish to proceed - good.
And unless we have notified you they don't accept your order until 7 days or delivery whichever is sooner - good.

And as Tom has stated, no tick-box to say you have read and accepted the T&C's at point of purchase.

Why something like this wasn't in place earlier only the management team at B&Q can answer fully??

So it's not hard to spot the difference from:

cannot accept your order until you have paid for it in full (including applicable delivery charges). Upon payment, we will confirm acceptance of your order by e-mail which will be sent to the e-mail address you provide on your order details. Whether or not you receive the e-mail, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion.

Sorry if I have missed anything, this is pre-coffee.

Lynsey

Lynsey

TBeckett100 wrote: »

I think there is a bit of a question about whether offering something for sale, and someone paying for it constitutes a contract irrespective of whether the B&Q T&Cs tell you that they havent formed a contract.

This needs clarifying - others don't take payment until delivery. Is this when the contract is formed??
If not, taking payment and then having the option of cancelling could be open to abuse, and we don't like abuse do we?? ;-)

Quote form here: http://www.navitron.org.uk/forum/index.php?PHPSESSID=1rkcan1vcb56rtndd54pkcf267&topic=7857.120

In the present credit crunch 55k could be the difference between a VAT payment being made on time and a late payment incurring penalties. Its just another trick of the trade to improve your cash flow. Or am I just an old cynical accountant.

Lynsey

TBeckett100

B&Q may be a lot of things but they are not theives. they have just announed record profits for the first 12 weeks at tens of millions so I am sure they have no bills to worry about. I am afraid the Navitron thread got a bit carried away with the notion that 55k could break B&Q. Given the lack of reply to me, i don;t think 400k loss of bargain is going to break them either...

TBeckett100

Incorporation of terms

The terms and conditions on which the parties are contracting must be agreed by both parties and incorporated into the contract between them. Simply placing terms and conditions on a website is not enough to incorporate them into a contract: the parties must agree that they contract on the stated terms, and they must do so before (or at the same time as) becoming contractually bound. When dealing with customers of a website the seller must ensure that the ordering process requires the customers to read and agree to the seller's terms and conditions. Best practice to ensure this is to include the terms and conditions as a separate page in the sales process and requiring the customer to acknowledge he has read and agreed them (for example, by clicking an 'Agree' button) before proceeding to place an order.

found here http://www.out-law.com/page-394

Lynsey

TBeckett100 wrote: »

B&Q may be a lot of things but they are not theives. they have just announed record profits for the first 12 weeks at tens of millions so I am sure they have no bills to worry about. I am afraid the Navitron thread got a bit carried away with the notion that 55k could break B&Q. Given the lack of reply to me, i don;t think 400k loss of bargain is going to break them either...

I don't suggest B&Q are thieves either and no doubt £55k is not a lot to them..........................but when the contract is formed is is crucial in my opinion.
If it's not formed at the point of taking payment then the above quote by "an old cynical accountant" gives all firms the opportunity for abuse.
So a legal point of veiw is needed to state when a contract is formed.

Lynsey

TBeckett100

Lynsey wrote: »

I don't suggest B&Q are thieves either and no doubt £55k is not a lot to them..........................but when the contract is formed is is crucial in my opinion.
If it's not formed at the point of taking payment then the above quote by "an old cynical accountant" gives all firms the opportunity for abuse.
So a legal point of veiw is needed to state when a contract is formed.

Lynsey

sorry want accusing you Lynsey, just couldnt quite understand the naviton form notion that B&Q needed a quick buck to pay rent.

Lynsey

TBeckett100 wrote: »

sorry want accusing you Lynsey, just couldnt quite understand the naviton form notion that B&Q needed a quick buck to pay rent.

It wasn't aimed at B&Q, it's the idea that any company could create fake sales to help cashflow - hence when does the contract commence??

Lynsey