Double complete bed set £9 at Debenhams [CLOSED]

Ivrytwr3

I got the same letter today; am not impressed!! What is the general feeling, should we persue this? Do we have grounds to persue this?

Passionpantz

Im quite happy to take this further, but we would need to unite over this one and hit them with a job lot of us, would also need a spokesperson of some sort

biglugs

As you can gather im not impressed one little bit with their response and would appreciate any advice on my next move

Well you can either accept it and move on, or take them to small claims court. I decided just to accept it and not bother with this shower as much as possible.

matto

These are the relevant T&Cs

2.3 We take payment from your card at the time we receive your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

2.4 We will send to you an e-mail that your order is being processeed, if you enter a correct e-mail address, and will also send you an order acknowledgement e- mail. Neither of these are order confirmation or order acceptance from us.

2.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place on the despatch to you by us of the goods and order invoice, which takes place as your product is shipped from our warehouse. It does not take place until that stage, notwithstanding that we may have debited your card (see 2.3 above) or that we have sent acknowledging e-mails (see 2.4 above)

2.6 The contract will be formed at the place of despatch of the goods and order invoice.

2.7 The purchase of goods is subject to availability.

2.8 All orders that you place on this website will be subject to acceptance in accordance with clause 2.5 of these terms and conditions.

Clause 2.5 (and hence 2.8) is probably invalid because a contract is probably formed when you provide your card details, but more likely when your card is charged, and they can't overide the common law. It's an odd situation as it is asking you to agree to a contract on the basis that there may not be a contract.

Clause 2.6 is interesting as I gather most of you have received invoices. It is also probably invalid in the same way as clause 2.5 but also under the Unfair Terms and Conditions in Consumer Contracts Act.

Clause 2.7 is unclear in scope. Debenhams might like to rely on it but all it says is <b>purchase</b> of goods is subject to availibilty. You have purchased the goods hence they must have been available.

It seems an arguable case but is it really worth it in this instance?

madkid88

i havent received mine yet,what can i do to solve this,whats there number for me to ring

madkid88

any1 know more about this

fruitcake_2

me too...ordered on the 8th Aug, received email informing would get set on 30th Aug, money taken out in Aug....no delivery ,explanation or refund!!