HP Touchpad Contract Law

arcon5

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.

It's not strange or unfair at all.

What if a mistake is made as listed at £1 instead of £100 then loads of people purchased it -- wouldn't be fair to expect the retailer to honour them.

If you visit a shop and there is a pricing error, they have the opportunity to rectify it during checkout and either accept the incorrect price or refuse the order. They cannot do this online.

It costs about £35 to go to court, feel free to keep us updated

arcon5

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 suppose once you have paid and have possession of the goods the contract is cconcluded..

Then you would go back in and buy the rest

Equaliser123

arcon5 wrote: »

It's not strange or unfair at all.

What if a mistake is made as listed at £1 instead of £100 then loads of people purchased it -- wouldn't be fair to expect the retailer to honour them.

If you visit a shop and there is a pricing error, they have the opportunity to rectify it during checkout and either accept the incorrect price or refuse the order. They cannot do this online.

It costs about £35 to go to court, feel free to keep us updated

To be fair, the OP would ordinarily be right.

You make an offer to purchase in response to an invitation to treat. You pay. Payment is accepted. In the ordinary course of events, a contract would be concluded.

E-commerce has changed contract law a fair bit.

arcon5

Equaliser123 wrote: »

To be fair, the OP would ordinarily be right.

You make an offer to purchase in response to an invitation to treat. You pay. Payment is accepted. In the ordinary course of events, a contract would be concluded.

E-commerce has changed contract law a fair bit.

In a store perhaps.

But buying online and instore are not the same at all so whats ordinary for a retail purchase isn't and feasibly cannot be ordinary for an ecommerce store.
Assuming otherwise would be like assuming one shop operates the same returns policy as another IMO.

But when buying instore... at what point is the contract considered to be formed? At the point your payment is successful or at the point in which the cashier hands you the goods along with your receipt?

I do wonder though... if a store puts a sign up stating 'our contract is formed upon leaving the store' then they realised there was a pricing error when you was heading to the exit, would this be accepted in the eyes of the law? (aside for now the customers reaction :eek:)

tomwakefield

arcon5 wrote: »

But when buying instore... at what point is the contract considered to be formed? At the point your payment is successful or at the point in which the cashier hands you the goods along with your receipt?

I'd guess that it's once they accept the money as, by doing it, they're accepting your offer. I can't imagine any reasonable person allowing someone to pay for their goods in a highstreet store then, just before handing the shopping over, saying "we don't accept your offer, we'll have to refund you".

arcon5 wrote: »

I do wonder though... if a store puts a sign up stating 'our contract is formed upon leaving the store' then they realised there was a pricing error when you was heading to the exit, would this be accepted in the eyes of the law? (aside for now the customers reaction :eek:)

I don't think they'd have a case as they've had a chance to refuse the offer at the till, but accepted it. Once money and goods have changed hands, it's job done.

£$&*"($£&(

The question is what would the OP expect the company to do. Go to HP and force them to make some more of these discontinued HP Touchpads? Or perhaps sell you something with equivalent specs at the same low price? These sold out very fast when they were reduced so much in price so the problem is you were just too late.