They refuse contract but then take money anyway...surely that seals contract?

dw89

Dear All,

I could really do with some advice here please:beer:

I wanted an item from an online shop but I wanted to transpose something that came with it for something else. So, I phoned up and asked. They agreed the items and the price. They took all my details, my credit card info and the order was taken. Within minutes of this an invoice appeared in my inbox and delivery date was also sorted out.

Twenty minutes later I get a call back saying that they have made a mistake (they blamed it on the VAT but that was already charged and so rubbish) and said that I had to pay another £170+ to get what I had already paid £650 for. I said no and that I thought them out of order.

Anyway, I phoned up the credit card company who said that they had only 'authorised' the payment but that they have 7 days to take it. So, at this stage I thought there was nothing that I could do as payment had not actually gone to their bank account.

However, I check today....a week later, and the money has gone off my card!!! So they mess-up, refuse to deliver and then later take the cash anyway! Surely this seals the contract on the basis that they have now taken payment and that it was originally a fair invitation to treat which I accepted. Or does it still not apply unless the goods are actually delivered? Seems very harsh if so considering they still took the cash after saying they didn't have to supply.

Advice muchly appreciated.

Dave:D

MamaMoo_2

Check their T&C's and find out when the contract is concluded.

bod1467

Aye. The T&Cs probably say the contract is concluded at dispatch.

But why should they then be allowed to take the (held) payment if they have no intention of fulfilling the order? If they have already withdrawn the offer of sale (I hope in writing/email?) then could this taking of the payment be classed as theft?

Optimist

bod1467 wrote: »

Aye. The T&Cs probably say the contract is concluded at dispatch.

But why should they then be allowed to take the (held) payment if they have no intention of fulfilling the order? If they have already withdrawn the offer of sale (I hope in writing/email?) then could this taking of the payment be classed as theft?

As you say the terms are likely to say contract not concluded until despatch.

I fear it does not fall into the definition of theft. They have to dishonestly appropriate with the intention of permanently depriving for it to fall into theft. I doubt that was the case here.

somethingcorporate

The contract is probably agreed at dispatch, but if you post the retailer I am sure one of the regulars can check for you.

bod1467

All I was getting at was that the retailer had already cancelled the order, so why did they still take the payment? I agree that it may have been a simple mistake, but it does sound odd.

visidigi

I was on the understanding authorisations were 10 days...?

texranger

the payment will be automated where you placed the order and made the payment, this would have been taken immediately . if you use online banking you would have 2 figures account balance and funds available, which is the amount balance is what is in your bank account and available balance is what is in your bank account less any payments made by card that are still being processed.

dw89

Hi All,

Thanks soo much for the info....had some problems getting online to reply but I hope you can help further as their T&C's are confusing and seem contradictory. Order was made over the phone, confirmed by person (call recorded), details and payment taken. Invoice (not sure that it's 'confirmation of order' though) sent via email. Then I got phonecall saying they wouldn't supply unless I gave more money. Anyway...now I have credit card statement with the money taken out!!!!

Here are their T&C's:

Using contact details available on our Site, we are able to receive Orders via the Site itself, by phone or via post. We reserve the right to refuse to accept any orders at our sole discretion. You will receive an acknowledgement of any orders you place. We will acknowledge receipt of any order you place by an appropriate method, via email for orders via the Site or verbally for telephone orders. Telephone Orders are acknowledged when you place the Order and from then, a contract of sale exists between you and Energy Bulbs.
When confirmation of an Order is received, this is to indicate that we have received your Order. It does not indicate that a contract exists between us. Only when we dispatch your order to you, will a contract exist between us.
We try to ensure that all prices listed on our website are correct, but we reserve the right to change prices and to not accept any order where prices are quoted by mistake.

Kind regards

Dave:D

bod1467

That does seem contradictory. They say "contract of Sale" in one paragraph and "contract of Order" in the other. Are these separate terms depending on the order method? The first paragraph certainly seems to indicate that for phone orders the contract exists once payment is taken.

wealdroam

Here's a link to their T&Cs...

http://www.energybulbs.co.uk/terms