consumer rights -Lush

Ivory_Tinkler

The deal is usually deemed to be a "contract" upon despatch of goods. Usually the company will say that a contract exists once they email to tell you that your order is on it's way (I'm sure that's what M&S do anyway).

advent1122

scullster wrote: »

Is that really true (I'm not confident either way, idle curiosity), but I'd have thought that they have effectively shaken on the deal if they take payment. If it were to happen on the high street, the shop assistant couldn't come running down the street asking you to return the goods for a refund?

Different with shops. The deal is done when the goods are dispatched. So in a shop as soon as they hand over the goods - Deal Done.
Online they can stop the dispatch and refund you the money.

This topic has been done to death on here.

Tozer

I think from a contract perspective, they are on very weak grounds as the purchaser has, at that point, performed their part of the contract - i.e. paying.

For the retailer not to then perform, would be very difficult to justify.

Not sure I agree with the 'mistake' comment either. Mistake in contract law is very difficult to establish - particularly when it is the retailer that has provided the mechanism for the contract to be made (i.e. the website).

DCFC79

ppolly wrote: »

no, I've just rung to double check. Apparently when you order online they pre-approve the card to the order total and then when it is dispatched the money actually comes off your card .....I never knew that before....

plus you werent out of pocket