Earlex LCS270 Pro Steam Wallpaper Stripper 230 Volt - £29.99 delivered @ Robert Dyas

dataforce

Dear People,

I cant believe what im reading!! Yes someone made a a mistake omg you are all like a witch hunt, running around trying to find legal loopholes so that what you can get something cheaper than it actually should be!!

Oh and in the process you are all willing to get someone sacked at christmas just because you havent quite got what you wanted. You are all sad people with no hearts.

Mistakes happen and what you dont realise is that there maybe people worried to death because a mistake has happened, hey but as long as you get what you want, forget everybody else.

I cant believe there are people like you around in this world, you make it a bad place.

I hope Robert Dyas tell you all to go jump, cos thats what you deserve!! ive worked with these people, I know what they are like, they arent some big coorperation with loads of money, they are individuals that make mistakes from time to time and people like you make nice people like them lose their jobs.

I hope that your bosses are kinder on you at christmas when you make a mistake cos your all probably not perfect yourselves, well that must be the case if your only problem in life is clinging onto something just to get it a little bit cheaper and not giving a damn about the consequences!!

Get a life the lot of you!!! Losers!!!

pivotalgubbins

dataforce wrote: »

Get a life the lot of you!!! Losers!!!

What a lovely person you are!

It would be good if you read the thread through before you started your rant. You will note that I am not involved in a witch-hunt and certainly do not want anyone sacked.

However, there are two simple arguments here:

(1) A contract appears to have been established and therefore Robert Dyas should be obliged to fulfill this, compensate or provide an adequate explanation of why this is not the case; and

(2) They have mistakenly released my email address to many other customers, which is not something that I appreciate. I don't believe there is anything wrong, in the slightest, with bringing this to their attention and asking for their response.

I have no intention of being a further part of this thread but do wish some people would be both realistic and objective in what they contribute to this forum.

dataforce

However, there are two simple arguments here:

(1) A contract appears to have been established and therefore Robert Dyas should be obliged to fulfill this, compensate or provide an adequate explanation of why this is not the case; and

(2) They have mistakenly released my email address to many other customers, which is not something that I appreciate. I don't believe there is anything wrong, in the slightest, with bringing this to their attention and asking for their response.

I have no intention of being a further part of this thread but do wish some people would be both realistic and objective in what they contribute to this forum.[/QUOTE]

Like I said mistakes happen! You just want something for nothing no matter what the cost!! If you didnt you would email them and wait for a response and leave it at that but you chose to publish it on a forum advising people of the same nonsense that you are spouting off!!

I think you will also find that the company hasnt actually entered into a contract with you, you need to check up on your internet contract law which is governed different to buying something from a shop!

ps what can a person get from you email address by the way? Data protection, what part of your life have they given away!! I think you will find data protection covers many things but not email addresses!! You need to find out your facts before you shout your mouth off!! Its probably just a simple mistake by someone and your play with people lives because of it.

Read this and weap, especially at the bottom, Step 7. Delivery!

Contract formation issues

The main issues considered in this section are how, when and where the contract is formed. This involves an analysis of the contract formation procedure based on the principle of offer and acceptance and the significance of the "country of origin" principle.
The offer and acceptance procedure online

Step 1: Establishing the offer and acceptance procedure
This is where the E-commerce Regulations can be used to the seller's advantage. It is possible to sell on-line and take payment by credit card without concluding the contract on-line. The solution is to provide that the customer is making an offer on the site and that the contract will be formed only if the customer's order is accepted – and that taking payment from the customer's credit card does not indicate cceptance.
On-line merchant accounts provide for making refunds to a customer's credit card. Therefore, the terms should explain that, while the customer's card may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.
Step 2: Completing the order form
The customer is taken to the order form where he completes the quantity of goods and his delivery details. It would be good practice to offer three buttons: submit, clear and cancel. The "clear" button is needed because the E-Commerce Regulations require a means for the customer to correct any errors.
Step 3: Incorporating the terms and conditions
At the bottom of the terms and conditions page the purchaser should, ideally, be required to check a box to indicate that he or she has read, understood and accepted the terms and conditions, before clicking the "Accept" button. The "Accept" button should not work until the box has been checked. Equally the page should be designed in such a way that the consumer cannot check the box and click "Accept" until the page has fully loaded onto the screen. By doing this, you improve your position in the event that a purchaser claims there was no opportunity to read your terms.
While there is no responsibility on the retailer to ensure that the consumer has in fact read them, following this procedure will demonstrate that reasonable efforts have been made to bring them to purchasers' attention. The terms and conditions should be in a format that can be printed or saved – therefore avoid pop-up windows and ensure that they fit within the width of the page and are presented in a way that they will print properly.
It is wise to also include a term like the following:

"By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the following electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract."

The words, "if accepted by us," are very important.
This approach is the suggested 'best practice' approach for relaying the terms and conditions, and ensuring that the consumer has read them. However, it is not the most consumer friendly approach to present the purchaser with a screen of 'small print' in the middle of what, to the consumer, was an otherwise normal shopping experience. Therefore a number of on-line retailers adopt a second-best approach, which is to include a link to the terms and conditions, and make the consumer tick a box to confirm that they have read and accepted the terms and conditions, before they click the main button to buy the product. This approach, while not as legally secure, is probably acceptable in a number of purchasing models.
Step 4: Taking the consumer's credit card details on-line
At this stage, the user should be taken to the page on a secure server where his credit card details are taken. This page should state: "Your card will be debited with the sum of £X when you click the Submit button. This will be refunded if your offer is refused." Repeat the choice of submit, clear and cancel.
Step 5: Acknowledging receipt of the order
When the card details are validated, the E-Commerce Regulations require that you give the customer an acknowledgement page and send an acknowledgement email. This should not confirm a contract; it should instead confirm that the order has been received and that the order is being "processed". It is helpful to give the customer an order number at this stage so that he or she can chase-up any problems. It is good practice, though not legally required, to ask the user to click a button on a confirmation page to indicate that he has read the confirmation – e.g. a "Continue" button, linking to the homepage of the site.
Step 6: Providing confirmation of the information provided and the right to cancel
The Distance Selling Regulations now require the supplier to provide the consumer in writing or in another durable medium confirmation of the information provided prior to the conclusion of the contract and details of the right of cancellation. Generally a consumer has a period of seven working days within which to cancel the contract and return the goods to the supplier. The only cost to a consumer will be the cost of returning any goods received by it to the supplier.
A consumer will not be entitled to cancel a contract after it has been entered into, where the supplier has commenced the provision of services with the consumer's agreement prior to the end of the cancellation period then the consumer will not have the right to cancel the contract for the provisional services. However, in order to benefit from this exception, the supplier must have advised the consumer that the consumer will not be able to cancel the contract once the performance of the services has begun with the consumer's agreement.
It is not possible to contract out of the Distance Selling Regulations. Any term which attempts to do this will be void to the extent that it is inconsistent with the provisions of the distance Selling Regulations.
Step 7: Delivery
Finally, dispatch the goods. If a typo mislabelled an item costing £200 at £2 and someone ordered 500 of them, the site could politely – and legally – refuse the order. This is because by following the procedure set out above the dispatch of goods is in effect the acceptance of the offer made by the consumer at the start of the process. Until this point there has been no acceptance and only an acknowledgement.
The "country of origin" principle

The E-commerce Regulations apply a "country of origin" principle. In its simplest form, this means that as long as a UK business complies with UK laws, it can "ignore" the laws of other Member States. In general terms this is a definite bonus for on-line retailers. However, recognising that such an approach would be bad news for consumers, this basic rule is qualified.
The E-Commerce Regulations do not apply the country of origin principle to the terms of consumer contracts. In practical terms, this means that a UK-based e-commerce site's terms and conditions should meet the laws of every Member State in which consumers can buy its products, not just UK laws.
As a result of the consumer contract exception, any site selling to French consumers must provide its terms and conditions in French – otherwise they may be considered invalid. If selling into Denmark, consumers must be given a 14 working day cooling-off period during which the consumer can change his or her mind about the purchase and return the goods for a refund. In the UK, the cooling-off period is only seven working days. These are only examples, of course there are many other differences.
Despite this significant qualification, there are still advantages in the Regulations' country of origin principle that can benefit a UK-based business. For example, the UK's retail laws are among the most relaxed in Europe. This can give UK businesses advantages over, say, German competitors. A German e-tailer must comply with any German restrictions on promotional offers; its UK rival escapes such restrictions, even when selling to German consumers.
Ensuring your contract is legal

It is important for e-commerce retailers to ensure that the contract which is formed with the consumer under the process described above is both legally correct and also affords the retailer the maximum protection. There are various ways in which the contracting process can be structured to be legally correct, and it is important to balance absolute best practice, and a more commercial approach which is still legally correct. Equally, it is surprisingly easy to structure the process in a way which is legally incorrect, and which exposes the company to more risk than is necessary.

pivotalgubbins

dataforce wrote: »

Like I said mistakes happen! You just want something for nothing no matter what the cost!! If you didnt you would email them and wait for a response and leave it at that but you chose to publish it on a forum advising people of the same nonsense that you are spouting off!!

I don't want something for nothing - I purchased it at a price and am happy to pay the price for that.

dataforce wrote: »

I think you will also find that the company hasnt actually entered into a contract with you, you need to check up on your internet contract law which is governed different to buying something from a shop!

That's fine - if they can show that I am happy to walk away. However, their order confirmation tells me that an order has been accepted on dispatch and I have evidence to show the item has been shipped.

If they respond to say I'm not entitled to anything and I can accept their reasoning, I will walk away.

dataforce wrote: »

ps what can a person get from you email address by the way? Data protection, what part of your life have they given away!! I think you will find data protection covers many things but not email addresses!! You need to find out your facts before you shout your mouth off!! Its probably just a simple mistake by someone and your play with people lives because of it.

Where did I mention the DPA in any of my previous posts? However, I do not expect an established retail company to release information of this kind. I am careful with my email address and that level of care should, at a minimum, be matched by any company I deal with.

I have just asked for their response in this regard - I haven't asked for compensation, free goods, money, etc. - I will review their response and proceed from there.

I don't want to get in a massive debate here and really feel you should read what *I* actually posted before attacking me. However, I'll stand firm in my view that I have every right to challenge whether a contract has been established and request a response as to why my email address has been released.

dataforce

Well as you will find out, no contract has been established and all your are entitled to is an apology from the company regarding your email address and making a mistake with the price of the steamer!

Its not a debate but I cant stand by and let peoples lives be ruined for simple mistakes!

PS my rant wasnt just aimed at you but you responded so I replied, sorry if you feel it was.

pivotalgubbins

dataforce wrote: »

Well as you will find out, no contract has been established and all your are entitled to is an apology from the company regarding your email address and making a mistake with the price of the steamer!

Its not a debate but I cant stand by and let peoples lives be ruined for simple mistakes!

PS my rant wasnt just aimed at you but you responded so I replied, sorry if you feel it was.

Fair enough - I do still believe that a contract may have been established in respect of this order but happy to be corrected.

An apology for the email error would be satisfactory - I have no intent to 'play with people's lives' but all companies should be accountable for their mistakes. I would like to think that no-one would be sacked over failing to use BCC properly in an email, but hopefully procedures will be reviewed to ensure this (or something far worse like addresses, telephone numbers, etc.) will not occur again in the future.

I do not endorse the kind of ridiculous suggestions made elsewhere in this thread

dataforce

I agree with everything you just said there on every account!

Iminwonderland

By Robert Dyas own terms of sale and completion of contract the contract to supply is complete when the order was shipped or notification of such. Therefore, as payment and shipping notification, as in step 7 of your notes, had passed a LEGAL contract of supply had formed.

Secondly, the breach of sharing personal details with third parties other than the company itself is a breach of data protection rules which was made worse when an attempt to recall the original message was made as the personal data was transmitted yet again. Never the less no matter what information is disclosed the company shared personal contact details with parties not authorised to be disclosed to.

Dataforce, if a retailer stipulates the terms and by their own actions meet them it is they themselves that have formed the contract to supply.

I for one shall not bother to bore you with my knowledge, experience and qualifications of contract law, in particular retail, as it is rather complex, but as it stands Robert Dyas have put themselves in an awkward position. As for anyone getting the sack I very much doubt it will happen.

Now as you are a new account I have suspicions about your arguments and who you represent, if it be Robert Dyas you must officially declare your association to RD to the forum and moderators.

dataforce

Dear iminwonderland,

I have no association with Robert Dyas in anyway but I have had similar experiences with other companies and I have also had to contact Robert Dyas customer services before on a few occassions.

I came across this post trying to find out about mobile phone contracts but can only post if you join.

My problems were dealt with very quickly and very promptly, and I found my dealings with them were with very good customer services, its a well established company that will try and do as much as possilbe to rectify a problem.

Why I posted was because of the crap some people were coming out with and how nasty people were being when they dont know whats happening behind the scenes just as long as they get something for nothing.

Contracts being valid or not or whether my info is 100% accurate or not, and the complexities of data protection, these people that just want blood are idiots!!

Iminwonderland

dataforce wrote: »

Dear iminwonderland,

Why I posted was because of the crap some people were coming out with and how nasty people were being when they dont know whats happening behind the scenes just as long as they get something for nothing.

Contracts being valid or not or whether my info is 100% accurate or not, and the complexities of data protection, these people that just want blood are idiots!!

I agree with you about people vying for a pound of flesh or a pint of blood after all mistakes do happen for which I accept. The issue with RD is that a contract was finalised with a breach of data on top, which will come good in time.

A suitable resolution no doubt will follow as often does with reputable companies, as you and I have experienced in the past, all that is required is diplomacy, patience and more importantly politeness.

On a lighter note, Merry Christmas People