Breach of contract

Kidson

manna777

“The Ts and Cs should state at what time the agreement becomes a legally binding contract of sale”

It is news to me that T&C,s dictate when a contract becomes binding – certainly not under any definition I have seen under UK law. As previously stated a contract is said to be reached when an offer capable of immediate acceptance is met with a "mirror image" acceptance (i.e., an unqualified acceptance).

Yes that easiest course of action would be to bite the bullet and move on whilst the hardest is to make a stand on “principle” and ensure the non-breaching party is placed in the same position as if the contract had been fully performed by restoring “The benefit of the bargain”

Kidson

!!!!!!

“ suggest that since you are so hell bent on suing them instead of listening to reason, you just go ahead and do it.”

If you could point to one just one good reason on a point of law which puts me in breach and that if I were to sue I would not be within my rights – then that would be a good reason not to proceed with litigation.

manna777

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.

This is off a random very large internet retailers site

Kidson

manna777

The notice has to be incomplete - it makes no mention as to when they the supplier considers they have accepted the order and entered into a contract.

I would imagine there would be an additional sentence/clause to the efffect that all card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch.

Further still no such part clause or anything similar exists in my case.

System

How about..

Contract Formation

No contract shall subsist between you and euroffice.co.uk for the sale by it to you of any product unless and until euroffice.co.uk accepts your order by sending you a VAT invoice. Your order confirmation is for your convenience only and does not constitute an acceptance of your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time euroffice.co.uk sends the email to you (whether or not you receive that email).

Kidson

That's absoutely fine and sets out quite clearly when and how Euroffice are prepared to accept an order and when and how it will become a legally binding contract.

Nothing like that in my case - Supplier accepted and confirmed order and withdrew funds from my account prior to depatch.

System

Since nothing we say will persuade you that they were within their right to do what they did then !!!!!!

SUE THEM

and stop mithering.or shut up

Kidson

!!!!!!

Now that you have lost the argument - and can't think of any point of law which substantiates your view point - can only suggest you post no more - so there is no further need to offer yet a further explanantion.

gordikin

Kidson, why not post in the Consumer Rights forum. You'll get the same answer(s) though I suspect! Hope you listen!

Kidson

If you feel by posting in that forum I would obtain the same response - then no point in my doing so and responding and explaining all the points I have already done here - will be happy however to acquaint you & others with the court's final decision and in particular the court's discretional award as to costs. Perhaps you will then acknowledge the law and submit to reason.