Quick questions on Consumer Rights

Optimist

Wayne_Laura wrote: »

Hi all

At our company, the laptop I usually use is about to become "excess to requirements". I asked by email if I could purchase this

I received a reply that this would be acceptable as long as all company data was removed from the laptop (standard in all companies). The acceptance was very clear

I requested a price, which was given, and I accepted this price. I asked what would be the acceptable method of payment, and one was given

All this was via email

Now, I have been told that they have changed their mind

Payment has not yet been made, but in my eyes, looking at various websites on consumer law, this is a contract of sale

So, where do I stand legally?

A contract is formed when an offer is unequivocally accepted by the selling party. However agreements in principle are not usually binding so depends really on the wording of the mails

You might have a legal argument but consider is it really worth annoying your employers if you were to try to take legal action ?

Wayne_Laura

Cheers Optimist

Paraphrasing:

1. "Can I buy this laptop?"
2. "No problem, as long as our data is removed"
1. "Cool, how much?"
2. "£xxx - that's what we've used in the past with others"
1. "Okay, how will I pay?"
2. "Pay using (this method)"

Seems pretty cut and dried to me

I'm fine annoying my employers, since they very soon wont be my employers any more (hence why the laptop will be surplus)

SoniaB

Hi all,

My OH ordered and paid for an item he needs for his work over the phone. The company told him he should recieve the item if not yesterday but today. My OH rang them twice (4.30pm and 5.45pm) and was told that he was not to worry it was on the van and would be here today. I then rand the delivery company at 6.45pm to be told the driver 'didnt know it was on the van and was back at the depo. That they could deliver it before 12 tomorrow. I told them my OH needed this item other wise he couldn't work (17th ed test meter) so they said they could get it here by 10 am tomorrow. Anyway as tomorrow was to late we went and picked up the parcel. I had come across this as things unfolded so went tothe sellers web site and this is his terms and conditions regarding delivery..

Delivery:
Delivery will be made to the place designated by you on your accepted order and will normally be made during normal business hours: 0900 to 1730 hours GMT. Any delivery dates or times given by the Seller or our carriers are best estimates only and we will not be liable to you for any claim for loss or damage sustained by you as a result of a failure to comply with our estimated time scales. Under no circumstances will late delivery entitle the Purchaser or Hirer to treat the contract as repudiated. Delivery of products to the carrier shall constitute delivery thereof to the Purchaser or Hirer, and thereafter such products shall be at the Purchaser's or Hirers risk. Any claims for damages or shortages occurring after such delivery should be directed by the Purchaser or Hirer to the carrier.

Does this mean i have to put in a complaint with the delivery company or still with the seller?

Thank you in advance

Sonia

wealdroam

SoniaB wrote: »

Hi all,

My OH ordered and paid for an item he needs for his work over the phone. The company told him he should recieve the item if not yesterday but today. My OH rang them twice (4.30pm and 5.45pm) and was told that he was not to worry it was on the van and would be here today. I then rand the delivery company at 6.45pm to be told the driver 'didnt know it was on the van and was back at the depo. That they could deliver it before 12 tomorrow. I told them my OH needed this item other wise he couldn't work (17th ed test meter) so they said they could get it here by 10 am tomorrow. Anyway as tomorrow was to late we went and picked up the parcel. I had come across this as things unfolded so went tothe sellers web site and this is his terms and conditions regarding delivery..

Delivery:
Delivery will be made to the place designated by you on your accepted order and will normally be made during normal business hours: 0900 to 1730 hours GMT. Any delivery dates or times given by the Seller or our carriers are best estimates only and we will not be liable to you for any claim for loss or damage sustained by you as a result of a failure to comply with our estimated time scales. Under no circumstances will late delivery entitle the Purchaser or Hirer to treat the contract as repudiated. Delivery of products to the carrier shall constitute delivery thereof to the Purchaser or Hirer, and thereafter such products shall be at the Purchaser's or Hirers risk. Any claims for damages or shortages occurring after such delivery should be directed by the Purchaser or Hirer to the carrier.

Does this mean i have to put in a complaint with the delivery company or still with the seller?

Thank you in advance

Sonia

Was this purchase a business to business transaction?
If so, then you may not be protected by consumer legislation.
Maybe posting on the small business board is appropriate.

Having said that, maybe it's worth you looking at MSE's new article... Failed Delivery - Fight Back

ML56544

I bought an LG TV back in July 2009, it's out of warranty/guarantee period and has now developed a fault. Does anyone know if the Sales of Goods Act can be used against a retailer to gain a repair, if yes which part?

If no any advice?

tomwakefield

ML56544 wrote: »

I bought an LG TV back in July 2009, it's out of warranty/guarantee period and has now developed a fault. Does anyone know if the Sales of Goods Act can be used against a retailer to gain a repair, if yes which part?

If no any advice?

A shop is responsible to ensure you don't get a product which is inherently faulty. After six months, the onus is on you to prove any fault is inherent (if the shop choose to enforce it). Get an engineers report and, if it is demonstrated to be inherently faulty, you're entitled to a refund (including the cost of the report), replacement or repair (store's choice, and a refund may be partial to take into account the 2 1/2 years use you've had out of it).

hannahmaci

over 2 years ago i signed up to web talent site were you have to pay to bacome a member £29.94 think around every 3 months. any way i canceled this after a few months and had a email back to conferm. but i have just found out that after allthis time they are still taking money out of my account. i spoke to my bank and they said that star now have my long card number and are taking there payments from that so i can not cancel it my end. i emailed them to get inconteact with me by phone and demaided 2years worth of payments back. however they did not phone me just emailed back saying that they have now caneled it and when i first joined there was a email saying how to cancel and say all this jargen. i emailed again saying i shouldnt have a subscription any way and that cancelashion was conferned by email 2years ago. they then just emailed me back
'didi you perhaps have two accounts set up with us. do u or id u have anothere email address. we have canceled all futer payments but there is no record of your canellation request prior to that unless you were using a different email address.'
i dont know if they are trying to fog me off as iu am emailing them from a different adress but everything to do with my bissness i us my work one. what can i do next. help!

wealdroam

hannahmaci wrote: »

over 2 years ago i signed up to web talent site were you have to pay to bacome a member £29.94 think around every 3 months. any way i canceled this after a few months and had a email back to conferm. but i have just found out that after allthis time they are still taking money out of my account. i spoke to my bank and they said that star now have my long card number and are taking there payments from that so i can not cancel it my end. i emailed them to get inconteact with me by phone and demaided 2years worth of payments back. however they did not phone me just emailed back saying that they have now caneled it and when i first joined there was a email saying how to cancel and say all this jargen. i emailed again saying i shouldnt have a subscription any way and that cancelashion was conferned by email 2years ago. they then just emailed me back
'didi you perhaps have two accounts set up with us. do u or id u have anothere email address. we have canceled all futer payments but there is no record of your canellation request prior to that unless you were using a different email address.'
i dont know if they are trying to fog me off as iu am emailing them from a different adress but everything to do with my bissness i us my work one. what can i do next. help!

Send them the email confirmation that you received from them when you cancelled.

tomee26_2

hello i'm looking for some advice for a fibre optic christmas tree i bought from a garden centre last november, i had it up for 2-3weeks last december, i went and put it up yesterday and it worked for an hour then pached in, it was £90 so should last for longer than that? garden centre say they only give a 1year guarantee!!! where do i stand with this? any advice appreciated please. thank you.

wealdroam

tomee26 wrote: »

hello i'm looking for some advice for a fibre optic christmas tree i bought from a garden centre last november, i had it up for 2-3weeks last december, i went and put it up yesterday and it worked for an hour then pached in, it was £90 so should last for longer than that? garden centre say they only give a 1year guarantee!!! where do i stand with this? any advice appreciated please. thank you.

All is explained in MSE's Consumer Rights article.

I agree, the thing should last longer than one Christmas at that price.

Do you have proof of purchase?