Internet Sale question - Breach?

smallgod2000

Hi,

I have a question re internet contract.

I placed an order on a well know IT hardware site for a video card, The website showed it had stock at the time of order. Placed the order and shortly got an email entitled payment confirmation, Payment had been confirmed and it was now being sent for processing. The money had been taken from my account.

A day later I get an email saying the item had been discontinued so couldn’t supply me with item. Would I like a refund.
There terms and conditions say

1. No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.

As far as I’m concerned an emails saying payment was successful and order confirmed means they had taken payment in exchange for the item which they had in stock. They even got as far as telling me which courier it would be coming with but never got a tracking number.

Is there anything I can do here?

scheming_gypsy

You can accept the refund and buy something else.

You've also stated
Payment had been confirmed and it was now being sent for processing. The money had been taken from my account.

A day later I get an email

Before quoting them and saying..


Supplier has received payment in full (in cleared funds)


So if it was the following day, they haven't received cleared funds.

Esqui

If they have broken the contract, then you should be back in the position you were before it took place - i.e. with all your money back. You'd be on a road to difficulty and nowhere trying to get anything else...but see if they'll offer anything as goodwill (e.g. 10% off next order, or something)

PZH

smallgod2000 wrote: »

As far as I’m concerned an emails saying payment was successful and order confirmed means they had taken payment in exchange for the item which they had in stock. They even got as far as telling me which courier it would be coming with but never got a tracking number.

There is a difference between Order Confirmation and Order Acceptance.

Acceptance is usually on despatch.

pcombo

Just accept a refund and buy another item for gods sake, Whats the point in making a thread in the consumer section, Be a different story if they were offering store credit rather than a refund.

Honestly why moan about it.

It's people like you OP that makes ones job harder than it should be.

ThumbRemote

The easiest thing is, as others have said, to just take the refund. Alternatively you could try claiming for 'loss of bargain' or breach of contract, but it's a lot of effort to do so with no guarantee of success.


They have almost certainly broken the 'binding legal contract'. Given the supplier had taken your money they can be construed as having accepted your order. Arguing over order confirmed and accepted is just pedantry; to confirm the order they have to have accepted it.

pcombo wrote: »

Whats the point in making a thread in the consumer section.

Honestly why moan about it.

It's people like you OP that makes ones job harder than it should be.

Who made you the internet police? This is a board for consumer rights, smallgod2000 asked about their consumer rights, no moaning just a factual post. Is there some minimum value the issue must be worth to get your seal of approval for posting?

What is 'ones job' that you refer to? Perhaps you could give it up and contact MSE to offer your skills as a board guide. It would seem ideal since you think you know better than anyone else what they are and aren't allowed to post.

arcon5

ThumbRemote wrote: »

They have almost certainly broken the 'binding legal contract'. Given the supplier had taken your money they can be construed as having accepted your order. Arguing over order confirmed and accepted is just pedantry; to confirm the order they have to have accepted it.

Wrong wrong wrong wrong wrong.

pcombo is right. What does op expect? If its discontinued and they have none is stock, what can the company do?? Find the next retailer and start again!

99% of online retailers stipulate in their terms an order is deemed as accepted and becomes legally binding upon dispatch. This is perfectly legal, and acceptable. The fact this is legal is also factual whereas your comment is speculative.

We can't confirm this without seeing knowing who the company is.. but they have almost certainly not breached anything.

Just some food for thought


To op..............
:wall: :wall:

ThumbRemote

arcon5 wrote: »

99% of online retailers stipulate in their terms an order is deemed as accepted and becomes legally binding upon dispatch. This is perfectly legal, and acceptable.

smallgod2000 has quoted the terms. They state when an order becomes legally binding, and it's not upon dispatch.

arcon5

ThumbRemote wrote: »

smallgod2000 has quoted the terms. They state when an order becomes legally binding, and it's not upon dispatch.

smallgod2000 wrote: »

Placed the order and shortly got an email entitled payment confirmation, Payment had been confirmed and it was now being sent for processing.

smallgod2000 wrote: »

A day later I get an email saying the item had been discontinued so couldn’t supply me with item. Would I like a refund.
There terms and conditions say

Order placed, payment confirmed, sent for processing, order not accepted & refund offered.

No legally binding contract.

They may also have a clause permitting them to terminate any agreement if there is stock issues.

The fact that money has been taken in no way means a contract has been formed like your advising op.

PZH

ThumbRemote wrote: »

Arguing over order confirmed and accepted is just pedantry; to confirm the order they have to have accepted it.

Pedantic or not - that is the case with the vast majority of online stores.

Let's put it another way (Just to demonstrate the principle)

I send you a contract by recorded delivery and you sign for it.

The signature confirms that you have received it - but you still have not accepted the contract.


Most online systems are mostly automated - so the wording, however pedantry, is important.