EXPIRED NOW - WHIRLPOOL WHITE UNDERCOUNTER 4 CU FT FRIDGE £1 and £20 delivery Comet

madtreelizard

I believe that until money is taken this is an invitation to treat as explained below.

Taken from wiki:

Invitation to treat (or invitation to bargain in the United States) is a contract law term. It comes from the Latin phrase invitatio ad offerendum and means an "inviting an offer". Or as Andy Burrows writes, an invitaton to treat is
"an expression of willingness to negotiate. A person making an invitation to treat does not intend to be bound as soon as it is accepted by the person to whom the statement is addressed."[1]
Contract lawyers distinguish this from a binding offer, which can be accepted to form a contract (subject to other conditions being met). The distinction between an offer and invitation to treat is best understood through the categories that the courts create. Invitations to treat include the display of goods; the advertisement of a price or an auction; and an invitation for tenders (or competitive bids). There may however be statutory or complementary obligations, so consumer protection laws prohibit misleading advertising and at auctions without reserve there is always a duty to sell to the highest bona fide bidder. But the general rule is that unlike an actual offer, an invitation to treat is not binding. The "inviter" can change his or her mind.

Basically meaning that Comet does not have to sell the fridges at advertised prices because they are only inviting the shopper. The shopper is the one who makes the offer and the shop decides whether or not to accept.

However if money is taken then I believe that this becomes a binding contract? I am not too sure though because my knowledge of Law is only basic. Can any one expand further on this?

DuWolf

Comet Online T&C

3.2 Once You’ve placed Your Order, We will acknowledge Your Order and confirm availability by e-mail as soon as possible. This is just to let You know that We’ve received Your Order and one of Our agents will be processing it. It doesn’t mean that We’ve legally accepted Your Order.
Acceptance of Your Order, and the completion of the Contract, will take place when We despatch the Goods to You (or some of them if We’re delivering in instalments).


5.4 CUSTOMER NOTICE: Whilst We always try to ensure the accuracy of the prices on Our Website, there will inevitably be rare occasions when We make a mistake. If We discover any errors in the price of Goods before We accept Your Order, We will notify You as soon as possible and give You the option to resubmit Your Order at the correct price, select alternative products or cancel Your Order.

http://www.comet.co.uk/shopcomet/advice/423/Terms-and-Conditions?cm_sp=Footer-_-terms-_-default


Sorry but dont hold yer breath .... Im in the Q expecting a phone call or email

the_timelord

here is the law on the matter, bbc iplayer - dont get screwed, skip to about 18:35 its as clear as day, no matter what the shop or company says, if they take your money they must give you the item

karie

i think it may be different because its internet selling? (distance selling?)

the_timelord

karie wrote: »

i think it may be different because its internet selling? (distance selling?)

dont " think " if you dont know the law, its the same over the internet " if it is a uk company" as walking into a shop, look at martins consumer rights / buying on the internet

zzzLazyDaisy

General contract law can't over-ride the specific agreed terms of the contract (unless the terms are unfair under UCTA, or are in breach of some other statute). Comet's website clearly states that the contract is not concluded until the goods are shipped and that they reserve the right not to proceed with the contract in the event of a pricing error.

The T&C's are available to the customer before s/he makes the internet order, and so s/he agrees to those terms when placing the order

IMO anyone who goes to court to try and enforce the sale of a £1 fridge, claiming breach of contract, would be on a hiding to nothing. But that's just my view.

That's glitches for you - you win some, you lose some.

EDIT - I'm not a fan of Comet as they have recently twice cancelled my orders for their daily deals as they were out of stock (having already confirmed the order). What's the point in having a daily deal for a low stock item, and then not having sufficient stock control to pull the item once it is OOS?

zzzLazyDaisy

the_timelord wrote: »

dont " think " if you dont know the law, its the same over the internet " if it is a uk company" as walking into a shop, look at martins consumer rights / buying on the internet

Timelord, your reply is unecessarily rude, and also wrong, as the e-commerce regulations effectively reverse the rule....
The offer and acceptance procedure online

Step 1: Establishing the offer and acceptance procedure
This is where the E-commerce Regulations can be used to the seller's advantage. It is possible to sell on-line and take payment by credit card without concluding the contract on-line. The solution is to provide that the customer is making an offer on the site and that the contract will be formed only if the customer's order is accepted – and that taking payment from the customer's credit card does not indicate cceptance.
On-line merchant accounts provide for making refunds to a customer's credit card. Therefore, the terms should explain that, while the customer's card may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.


See here for an over-view of the law compiled by Pinsent Masons (a reputable firm of solicitors)



http://www.out-law.com/page-424

DuWolf

Like LazyDaisy said, if you place an order online its assumed your agreeing with there T&C. Its upto you to read them before placing an order.
Unfortunately there worded to expressly to benefit the company allowing them to backout @ anytime.

the_timelord

zzzLazyDaisy wrote: »

Timelord, your reply is unecessarily rude, and also wrong, as the e-commerce regulations effectively reverse the rule....
The offer and acceptance procedure online

Step 1: Establishing the offer and acceptance procedure
This is where the E-commerce Regulations can be used to the seller's advantage. It is possible to sell on-line and take payment by credit card without concluding the contract on-line. The solution is to provide that the customer is making an offer on the site and that the contract will be formed only if the customer's order is accepted – and that taking payment from the customer's credit card does not indicate cceptance.
On-line merchant accounts provide for making refunds to a customer's credit card. Therefore, the terms should explain that, while the customer's card may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.


See here for an over-view of the law compiled by Pinsent Masons (a reputable firm of solicitors)



my reply is NOT RUDE, if you think that it is rude you should get out more, as for being wrong has anyone told martin and his team to ammend the consumer rights page on the site

skiTTish

My order still stands ,received a delivery time and confirmed ?!? anyone else ??
I certainly wouldn't kick up a fuss about it either way ,hell ,it was obviously a mistake ,I tried to take advantage ,if I dont get away with it then fine ,I can hardly take the moral high ground when I was trying to pull a fast one can I !