thehut.com - has a contract been formed ?

myself321

hi there

last week i ordered to cross hatch tops both £ 25 each but when in checkout , total cost £9.02 , placed the order.

a few days later i notice its has been cancelled, but i have checked my bank and they have taken the money this tueday,

by taking the money am i right in thinking they have now formed a contact with me for those goods?


they do not appear to be still selling the tops on the website, many thanks

wealdroam

myself321 wrote: »

hi there

last week i ordered to cross hatch tops both £ 25 each but when in checkout , total cost £9.02 , placed the order.

a few days later i notice its has been cancelled, but i have checked my bank and they have taken the money this tueday,

by taking the money am i right in thinking they have now formed a contact with me for those goods?


they do not appear to be still selling the tops on the website, many thanks

No, you are not right in your thinking.

With most online sellers a contract isn't formed until the goods are despatched.

Read this post.

myself321

yes but havent they already formed a contract as they have taken payment ? , here is there t and c

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

or can the get out of it by have "whichever is the later" ?

surely by taking the money the have accepted my offer ?

wealdroam

myself321 wrote: »

yes but havent they already formed a contract as they have taken payment ? , here is there t and c

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

or can the get out of it by have "whichever is the later" ?

surely by taking the money the have accepted my offer ?

Well they have clearly said that the contract is formed either when they take the money or dispatch the goods, whichever is the later.

The Sale of Goods Act says...

28 Payment and delivery are concurrent conditions.

Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

The important words there are Unless otherwise agreed.

Their T&Cs state when the contract is formed, and this would've been agreed to by the customer at the time of purchase.
Probably by ticking a I agree box.

In my opinion, their T&Cs in this respect overrule the default position of the contract being formed when the money is paid.

bod1467

No. The "whichever is the later" is the key point. If they have taken payment but haven't shipped then they retain the right to cancel the contract. They must refund your payment of course, and it was a little naughty taking the payment AFTER notifying you of the cancellation (if that is indeed what happened. Although it was likely "taken" when you placed the order but was only accounted by your bank a few days later).

myself321

they did not inform me they cancelled the order i only found out when i logged into my online account , their t and c also say they will notify you by email if an order in cancelled.

so in theory an online retailer could taking thousands of pounds out of customers accounts , not send the goods then provide a refund , whilst the customer is then left with out there money until the refund gos through, many thanks

bod1467

myself321 wrote: »

so in theory an online retailer could taking thousands of pounds out of customers accounts , not send the goods then provide a refund , whilst the customer is then left with out there money until the refund gos through, many thanks

As I understand it, yes.

somethingcorporate

Hardly worth it for a retailer though, they will make no money as a result.

halibut2209

Well, technically they don't need to refund for 30 days. So they'd gain the interest in the meantime