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

somethingcorporate

Is there anything attached to the dispatch email that says we now have a binding contract with you?

Unfortunately I doubt sending emails saying it is dispatched actually means the goods have been dispatched in this case.

bongoshopping

somethingcorporate wrote: »

Is there anything attached to the dispatch email that says we now have a binding contract with you?

Unfortunately I doubt sending emails saying it is dispatched actually means the goods have been dispatched in this case.

What would mean the goods had been dispatched if an email from M&S saying they've been dispatched and my M&S account being changed by M&S on all the orders to show 'dispatched' doesn't mean it?
The Terms and Conditions on M&S website are where it states contract is formed when dispatch takes place. The Office of Fair Trading have confirmed this as well. As customers aren't going to be at the warehouse when their goods are loaded onto the wagons, then other than communication from M&S which says dispatch has taken place, how else are they to be told?

wealdroam

bongoshopping wrote: »

...
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.

Now that you have received emails confirming dispatch, the situation has changed.
The contract has been formed.
They are now committed to supplying the goods.

bongoshopping wrote: »

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.

Yes, pretty much what I and others said earlier, but always good to have confirmation.

arcon5

wealdroam wrote: »

Now that you have received emails confirming dispatch, the situation has changed.
The contract has been formed.
They are now committed to supplying the goods.

This doesn't change anything at all!

The contract is formed when the goods are dispatched, not when an email notification is sent to the customer. The goods have still not been dispatched so no contract formed. Their terms are quite specific "only when we dispatch the product".

wealdroam

arcon5 wrote: »

The contract is formed when the goods are dispatched, not when an email notification is sent to the customer. The goods have still not been dispatched so no contract formed. Their terms are quite specific "only when we dispatch the product".

Upon receiving an email stating that the goods have been dispatched, it would be quite reasonable for anyone to assume that the goods have been dispatched.

How can you, me, or anyone else, possibly know that the goods have not been dispatched?

All we know is that M&S state they have been dispatched and the OP states they have not been received.

M&S, and Trading Standards, did not say "the goods have to be received for a contract to be formed", did they?

arcon5

wealdroam wrote: »

Upon receiving an email stating that the goods have been dispatched, it would be quite reasonable for anyone to assume that the goods have been dispatched.

How can you, me, or anyone else, possibly know that the goods have not been dispatched?

All we know is that M&S state they have been dispatched and the OP states they have not been received.

M&S, and Trading Standards, did not say "the goods have to be received for a contract to be formed", did they?

Whether the goods have been received or not is irrelevant. The simple fact is, whether op thinks they have or not, the goods have not been dispatched. Just because op naturally thought they had been doesn't change this and no contract exists. It would only be if they had actually been sent out from the warehouse & re-routed op could prove a contract was formed.

wealdroam

arcon5 wrote: »

Whether the goods have been received or not is irrelevant. The simple fact is, whether op thinks they have or not, the goods have not been dispatched. Just because op naturally thought they had been doesn't change this and no contract exists. It would only be if they had actually been sent out from the warehouse & re-routed op could prove a contract was formed.

Sorry to go on about this, but how do you know that the goods have not been dispatched?

I agree that receipt of the goods is irrelevent (except of course if they had been received then clearly they would've been dispatched too).

I can only repeat... How can you, me, or anyone else, possibly know that the goods have not been dispatched?

bongoshopping

wealdroam wrote: »

Sorry to go on about this, but how do you know that the goods have not been dispatched?

I agree that receipt of the goods is irrelevent (except of course if they had been received then clearly they would've been dispatched too).

I can only repeat... How can you, me, or anyone else, possibly know that the goods have not been dispatched?

I'm a little confused here. If an email from the Company saying 'goods dispatched' isn't proof of dispatch; and if the Company themselves update the customer's account details saying 'orders dispatched using M&S carrier' isn't proof of dispatch - what is proof of dispatch.

Customers cannot access the Company's IT systems to follow the process and progress of an order. They cannot stand at a warehouse and personally witness their goods being dispatched.hey cannot follow that delivery wagon to make sure their order isn't re-routed or removed from the wagon.

I'm struggling to figure out what therefore, constitutes proof of dispatch? Is there legal precedent for this?

arcon5

wealdroam wrote: »

Sorry to go on about this, but how do you know that the goods have not been dispatched?

I agree that receipt of the goods is irrelevent (except of course if they had been received then clearly they would've been dispatched too).

I can only repeat... How can you, me, or anyone else, possibly know that the goods have not been dispatched?

We can't and we don't unless we have a tracking ID or something. If the goods have for some reason been dispatched then a contract would be formed and op would have further rights. But their terms are quite specific in that the contract is formed on dispatch so an email sent incorrectly about them being sent in itself doesn't form a contract, unless we can prove otherwise.

I don't know how their systems work, but in this case I would image for technical reasons orders can only be refunded if marked as dispatched/completed to avoid possible further mistakes. That or their simply complete idiots.

arcon5

bongoshopping wrote: »

I'm a little confused here. If an email from the Company saying 'goods dispatched' isn't proof of dispatch; and if the Company themselves update the customer's account details saying 'orders dispatched using M&S carrier' isn't proof of dispatch - what is proof of dispatch.

Customers cannot access the Company's IT systems to follow the process and progress of an order. They cannot stand at a warehouse and personally witness their goods being dispatched.hey cannot follow that delivery wagon to make sure their order isn't re-routed or removed from the wagon.

I'm struggling to figure out what therefore, constitutes proof of dispatch? Is there legal precedent for this?

Well if I send you an email that says 'I have transferred you 10k for your car which you have agreed to sell me' then does that make it true? And if for some reason you allowed me to take the car do you think a court is going to accept accept my email as evidence I sent the money?

Quite simply, you can't proof they have dispatched it unless they provide a tracking ID or something which would constitute proof. An email that would have been sent in error saying 'dispatched' proofs nothing. They probably just have to mark as complete in which a dispatch notification is sent out in order to complete a cancellation process or something. That or the person dealing with your order click the wrong option.

Don't get your hopes up op.