M&S demanding more money for sale items I ordered online.

keithdc

somethingcorporate wrote: »

These are common terms for online shopping for most retailers. And if you hang around this forum longer than 24 hours you will see we get this question 2-3 times a week and always give the same answer...

I agree, but the problem is that there is a tendency on this forum to pigeonhole every mis-price query.

Whilst the advice is right the vast majority of the time, there are cases where the advice doesn't necessarily apply. In my opinion, this case is possibly different and there may be legal argument that a contract has been formed and/or principles of estoppel may be applied.

Sometimes, people need to step off the dogma bandwagon!

wealdroam

keithdc wrote: »

In my opinion, this case is possibly different and there may be legal argument that a contract has been formed and/or principles of estoppel may be applied.

Thanks Keith.

Care to expand on that?

That's now twice you have mentioned estoppel, and I am sure there are many here, me included, who would like to hear how it's principles may help.

arcon5

keithdc wrote: »

I agree, but the problem is that there is a tendency on this forum to pigeonhole every mis-price query.

Whilst the advice is right the vast majority of the time, there are cases where the advice doesn't necessarily apply. In my opinion, this case is possibly different and there may be legal argument that a contract has been formed and/or principles of estoppel may be applied.

Sometimes, people need to step off the dogma bandwagon!

yes the forum does pigeonhole every mis-priced query -- why? Because somebody usually always visits their companies terms & conditions page and posts the supporting terms. And if the contract is formed before the point of dispatch there is usually a term relating to mis-priced products and the right to cancel.

This case is no different, read wealdroam's post on page one which clearly states M&S terms.


Sometimes people need to read before writing.

arcon5

wealdroam wrote: »

Thanks Keith.

Care to expand on that?

That's now twice you have mentioned estoppel, and I am sure there are many here, me included, who would like to hear how it's principles may help.

I think some people just like using legal terms to try look clever without the slightest idea of what it actually means

keithdc

arcon5 wrote: »

yes the forum does pigeonhole every mis-priced query -- why? Because somebody usually always visits their companies terms & conditions page and posts the supporting terms.

"Usually always"... Eh???


Estoppel is an equitable principle- there is actually a reasonable summary on wikipedia:
http://en.wikipedia.org/wiki/Estoppel
In this case, the repeated phone calls and the OP's reliance may make estoppel relevant.

Apologies for assuming that people like arcon5 would have the common sense to google a term they didn't understand.

It isn't usually relevant due to the modest amounts involved as it will require proper legal advice, but for £3.5 k, it may be worth considering seeking formal legal advice.

This case is no different, read wealdroam's post on page one which clearly states M&S terms.

If one sticks to contract law, then perhaps yes, but some people are more knowledgeable and imaginative.
However, arguably, a contract was formed when the items were cancelled unless the telephone operator mentioned the relevant terms and conditions.

arcon5

keithdc wrote: »

"Usually always"... Eh???


Estoppel is an equitable principle- there is actually a reasonable summary on wikipedia:
http://en.wikipedia.org/wiki/Estoppel
In this case, the repeated phone calls and the OP's reliance may make estoppel relevant.

Apologies for assuming that people like arcon5 would have the common sense to google a term they didn't understand.

It isn't usually relevant due to the modest amounts involved as it will require proper legal advice, but for £3.5 k, it may be worth considering seeking formal legal advice.


If one sticks to contract law, then perhaps yes, but some people are more knowledgeable and imaginative.
However, arguably, a contract was formed when the items were cancelled unless the telephone operator mentioned the relevant terms and conditions.

A contract was formed when they rejected the buyers offer? eh? how does that work?

I did google the term, just couldn't see how it applied. I fail to see how them discussing delivery dates brings forth the point at which the contract is formed since their terms clearly state the contract is only formed upon dispatch.

arcon5

keithdc wrote: »

"Usually always"... Eh???

Yes thats right. If nobodies checked its usually because somebody has seen them prior or the op has posted. If nobody has checked, the replies are usually along the lines of 'check their terms and conditions' or 'read the sticky at the top of the page'.

bongoshopping

Update - many thanks for everyones' advice.

I received a call on Monday from M&S Manager, saying they were under no legal obligation to fulfil any of my orders.
3 hours later, I received 3 emails from M&S confirming dispatch of all of my orders.
2 hours later, my M&S account details were changed to show all orders were 'recently dispatched' and due for delivery 9th August (yesterday).
No furniture was delivered and last night, M&S refunded the total cost for my orders back to my credit card.

I have spoken to The Office of Fair Trading, who advised me that M&S T+C's clearly state they form a contract when they dispatch goods.
I have written to The CEO today.

arcon5

Although legally they have done nothing wrong, it the very least they could offer you a gift voucher to a significant value as a way of apology for the inconvenience.

I've got a few friends who completely vouch for M&S customer service, although not sure what approach they will take with items of much much higher value!

Good luck.

bongoshopping

arcon5 wrote: »

Although legally they have done nothing wrong, it the very least they could offer you a gift voucher to a significant value as a way of apology for the inconvenience.

I've got a few friends who completely vouch for M&S customer service, although not sure what approach they will take with items of much much higher value!

Good luck.

I'm a very loyal M&S customer and would always have spoke highly of their customer service.....until now!