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

Nukumai

bongoshopping wrote: »

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.

Whilst I suspect that we are not aware of the full facts of this matter (apologies if I am wrong), I agree with you.

The 'dispatching' of the goods is a key catalyst in your contractual dealings with this supplier - and they know this, because they wrote these very terms and conditions.

Therefore, and given the importance of this particular aspect of their T&C's, I am sure that they do not send 'dispatch' notifications frivolously - that is to say, it is (in my opinion) eminently reasonable for the purchaser to place reliance upon the emailed notification...regardless of whether the goods were actually and physically dispatched.

To turn this on its head, I am sure that it is normal and established practice for M&S to refuse an order cancellation/refund on the basis that the customer has been advised (probably via email, as per your situation) that the goods have have already been dispatched.

arcon5

Nukumai wrote: »

Whilst I suspect that we are not aware of the full facts of this matter (apologies if I am wrong), I agree with you.

The 'dispatching' of the goods is a key catalyst in your contractual dealings with this supplier - and they know this, because they wrote these very terms and conditions.

Therefore, and given the importance of this particular aspect of their T&C's, I am sure that they do not send 'dispatch' notifications frivolously - that is to say, it is (in my opinion) eminently reasonable for the purchaser to place reliance upon the emailed notification...regardless of whether the goods were actually and physically dispatched.

To turn this on its head, I am sure that it is normal and established practice for M&S to refuse an order cancellation/refund on the basis that the customer has been advised (probably via email, as per your situation) that the goods have have already been dispatched.

Oh c'mon, you cant really believe any of that, surely?

Dispatching the goods is the catalyst, not mistakenly sending out an email saying 'dispatched'. Although a natural assumption I agree, I fail to understand how it brings forth the formation of the contract from the already agree terms that it is formed on dispatch.

M&S can cancel an order at any point until the order has been physically dispatched ie loaded on van and sent away.

I think we're filling op with false hope here.

somethingcorporate

arcon5 wrote: »

Oh c'mon, you cant really believe any of that, surely?

Dispatching the goods is the catalyst, not mistakenly sending out an email saying 'dispatched'. Although a natural assumption I agree, I fail to understand how it brings forth the formation of the contract from the already agree terms that it is formed on dispatch.

M&S can cancel an order at any point until the order has been physically dispatched ie loaded on van and sent away.

I think we're filling op with false hope here.

I agree. It is the physical dispatch that forms the contract and not notification of dispatch.

Lip_Stick

somethingcorporate wrote: »

I agree. It is the physical dispatch that forms the contract and not notification of dispatch.

Surely the only physical proof you'd have that an item had been dispatched would be that it had been received by the customer. Therefore wouldn't the T&Cs state 'contract is formed on receipt of goods' if this was the case?

What's to stop M&S actually dispatching goods, getting near to the OPs home then quickly changing their mind? How can anyone prove that the contract had been broken?

bcl999

keithdc wrote: »

How much was the order for? What was the pre-sale price?

We never did get to know, did we?

wealdroam

If M&S send an email saying "we have dispatched the goods", that is effectively the same as if they had sent an email saying "we now have a formed contract. From this point onwards, we are committed to selling the goods and you, the consumer, are committed to the purchase."

DCodd

Could the OP not order something small from the M&S website, wait for the confirmation of despatch e-mail and ring up and cancel the order. If M&S say the confirmation e-mail is the point when the contract is binding then the OP has M&S's definitive interpretation of their own T&C's?

wealdroam

DCodd wrote: »

Could the OP not order something small from the M&S website, wait for the confirmation of despatch e-mail and ring up and cancel the order. If M&S say the confirmation e-mail is the point when the contract is binding then the OP has M&S's definitive interpretation of their own T&C's?

Mmmm... not sure that would achieve the desired result.

Contract may be binding in one sense, but under Distance Selling Regulations, the contract can be cancelled after dispatch (within limits).

DCodd

wealdroam wrote: »

Mmmm... not sure that would achieve the desired result.

Contract may be binding in one sense, but under Distance Selling Regulations, the contract can be cancelled after dispatch (within limits).

But would it not prove that M&S see the confirmation e-mail as acceptance of the contract to sell/buy at the agreed price? Do the DSR allow the seller to withdraw from the contract once the contract has been agreed?

wealdroam

DCodd wrote: »

But would it not prove that M&S see the confirmation e-mail as acceptance of the contract to sell/buy at the agreed price? Do the DSR allow the seller to withdraw from the contract once the contract has been agreed?

I don't think the DSRs allow the seller to withdraw from the contract once it is formed.