Urgent help re Curry's

d2cracker

Hi guys
I paid for a iPad last week iPad 2 16gb, received ok email and the money was debited from my account on Tuesday of this week.

I have called today to be told they are not able to fulfill my order and will refund.

Can they do this or what are my rights.

Cheers
Si

BlueAngelCV

Your rights are to a refund which they have agreed to give you. Nothing else I'm afraid.

McKneff

Did they say why they cancelled then

CoolHotCold

As per the T&C of both the website and the email you received it does state that until you get a Order Confirmation Email (which is essentially after they've sent it) no contract exists and all you have done (in legalese) is made a offer, the law takes the view that in order for a contract to exist consideration must be made on both sides. In a store this is at the tills when they take the money and give you the goods, online due to the automatic nature of websites many mistakes are not picked up till a person is involved and so that is where many companies state acceptance or acknowledgement, and a contract is legally formed.

d2cracker

The thing I am annoyed about is I ordered Friday 7th and they debited my account Tuesday the 11th and confirmation email was sent. I called today to say when will this arrive then told the bad news. I am waiting on a manager to call back as refund has not ye been accepted.

Surely the contract of sale is when this debited my account? 4 days after the order

CoolHotCold

Nope. They probably ringfenced the amount on Friday as soon as you ordered it, and then the bank transfered the money on tuesday.

Legally, and realistically they are well within their rights to not enter a contract with you.

Please remember, No contract is formed at this point, all you've done is responded to the invitation to treat and given them money for the item, they haven't accepted the money for the item and until a contract is formed they don't have to delivery the item, or stick to any of the SoGA

real1314

CoolHotCold wrote: »

Nope. They probably ringfenced the amount on Friday as soon as you ordered it, and then the bank transfered the money on tuesday.

Legally, and realistically they are well within their rights to not enter a contract with you.

Please remember, No contract is formed at this point, all you've done is responded to the invitation to treat and given them money for the item, they haven't accepted the money for the item and until a contract is formed they don't have to delivery the item, or stick to any of the SoGA

Are you quite certain on this?

It sounds to me like the OP has offered payment, and in fact the retailer has in fact accepted payment. At that point a contract has been formed.

The alternative would be that companies have the option to take funds from customers without any intention/ability to fulfil them, which would potentially be fraudulent.

OP - was the price a good one? could you have bought elsewhere for a similar price but now cannot? :cool:
:cool:

shaun_from_Africa

It sounds to me like the OP has offered payment, and in fact the retailer has in fact accepted payment. At that point a contract has been formed.

A contract has only been formed once a point is reached when both parties (seller and buyer) have agreed that the contract is formed.

This is what the OFT state:

When is a contract concluded?
2.22 A contract is concluded when the consumer becomes bound to buy something and the business becomes bound to supply it. The conclusion of a contract is determined by the facts in each case.
It is in your interest to make clear to your consumers exactly when a binding agreement will be reached. For example, you need to explain if the contract becomes binding when the customer places the order or only when you confirm that you have accepted their offer to buy.


And this is when Currys consider the contract formed

Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). In this instance we may have to cancel your order at any time up to the point we send you the product(s), even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid.

neilmcl

OP, you may have had a lucky escape. Ipad 2s can now be had for £289.99 from ebuyer's ebay site - http://www.ebay.co.uk/sch/ebuyerexpress/m.html?_nkw=Apple%20iPad%202%20Tablet%20PC,%20A5%20Chip%201GHz,%2016GB%20Flash,%20Wifi&clk_rvr_id=331867456340&LH_BIN=1&_sop=1&_in_kw=1

d2cracker

Cheers for the replies guys, they had the 16gb 3G model for 349.99 last week, Easter Special delivery only.
They still selling the same model but put price up and can collect in store.