HP Touchpad Contract Law

Optimist

newpbc wrote: »

The fact that they accepted my order took my money on the pretense of delivery then now tell me I'm not getting what I paid for but they will refund me now stock every were else has sold out is not good enough as I can't simply go and buy the product else were.
If they had just said straight away I could have attempted to acquire the goods else were from the thread mentioned this is known as loss of a bargain and is covered by law.

For Loss of Bargain or Expectation Loss to be relevant you need to have had a contract in place for there to be a breach.

I would be very surprised if there was a contract in place however good luck with that argument if it gets before a judge.

newpbc

tomwakefield wrote: »

At the moment it is taken that the acceptance of contract is determined by the terms of the retailer, and isn't necessarily when money is taken due to the automation of processes.

If you want to change that, your best hope is to take them to court and persuade them that such a term is unfair

Who is the retailer?

Hi Tom

Thanks for your reply While I'm annoyed by this I'm not sure I would want to go down the court route because of the costs that may be incurred
I posted here to see if anyone new of any previous cases were consumer rights in similar matters may have been clarified.
The retailer in question was staples

custardy

newpbc wrote: »

Hi Tom

Thanks for your reply While I'm annoyed by this I'm not sure I would want to go down the court route because of the costs that may be incurred
I posted here to see if anyone new of any previous cases were consumer rights in similar matters may have been clarified.
The retailer in question was staples

well did you get an order confirmation?

Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been successfully ordered (the Order Confirmation). The contract between us ( Contract) will only be formed when we send you the Order Confirmation.

If the Products that you have ordered are no longer available, we may offer you substituted goods of a similar nature and quality. In this case, we will contact you and ask if you wish to proceed. If you do not want to keep the substituted Products within a reasonable timeframe from delivery you can cancel your order and we will arrange collection of such substituted Products from you.

newpbc

custardy wrote: »

well did you get an order confirmation?

Hi Custardy

Thanks for your reply. No I received no confirmation so the question is is that clause in there Tc's Lawful under Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999
As contract law would seem to suggest the contract is formed when they accept my money.
It seems i would need to seek legal advise or take this to court to see if this is the case neither of which I can afford so have no choice but to drop the issue

System

E-commerce regulations allow the T&Cs to state the point at which the contract is formed. As people have said, the norm appears to be at the point of dispatch.

There is nothing unfair about that.

squeaky

Have a read at this section of our ReadMe sticky:- Must shops sell at the marked price?

newpbc

Thanks again all who respond the general consensus is that I have no contract so theres nothing to be done and thats were I'll leave it.
It does seem unfair that if a retailer takes my money in a shop it constitutes a contract. However the same retailer can take my money online and it doesn't constitute a contract just because they say so.
Strange quirk of Law but if thats were the law stands then I guess we have to accept it.
Again thanks to all who took time to respond to this thread.

vikingaero

newpbc wrote: »

Thanks again all who respond the general consensus is that I have no contract so theres nothing to be done and thats were I'll leave it.
It does seem unfair that if a retailer takes my money in a shop it constitutes a contract. However the same retailer can take my money online and it doesn't constitute a contract just because they say so.
Strange quirk of Law but if thats were the law stands then I guess we have to accept it.
Again thanks to all who took time to respond to this thread.

But did the retailer actually take your money or did they pre-authorise or reserve the funds.

halibut2209

In a shop, it needs a human to accept your offer (ie, at the till).

Online, it's automated.

Although I'd be interested to know what one's rights are at a supermarket self-service checkout if the goods come up clearly wrong. ie a crate of beer for £1.50 instead of £15!

Esqui

halibut2209 wrote: »

Although I'd be interested to know what one's rights are at a supermarket self-service checkout if the goods come up clearly wrong. ie a crate of beer for £1.50 instead of £15!

I'd say you have the right to remain silent, and drive off quickly after you paid