Acceptance of order price mismatch and cancelled order

wealdroam

underthesea wrote: »

so basically consumers are screwed and can't do anything as the law doesn't care and companies allowed to break the law and do whatever they want.

That is a most ridiculous over simplification.

If there is no contract, then there is no law to be broken, is there?

Please explain again just how "consumers are screwed" when there is no contract in place.

underthesea

The companies T&C states the contract is formed after placing an order and receiving an acceptance confirmation of that order. I have included their T&C throughout the thread. Are you saying that is not a contract?

ILW

underthesea wrote: »

The companies T&C states the contract is formed after placing an order and receiving an acceptance confirmation of that order. I have included their T&C throughout the thread. Are you saying that is not a contract?

Irrelevant as no loss can be shown.

wealdroam

underthesea wrote: »

The companies T&C states the contract is formed after placing an order and receiving an acceptance confirmation of that order. I have included their T&C throughout the thread. Are you saying that is not a contract?

Yes.
That is what I said in posts #12 and #14.
Others appear to disagree though.

underthesea

Then what is the point of contracts if they can be broken?

ILW

underthesea wrote: »

Then what is the point of contracts if they can be broken?

Usually to save anyone losing out financialy.

underthesea

ILW wrote: »

Usually to save anyone losing out financialy.

I see it as I've lost out on a deal, time, buyer confidence, a product i needed at a certain time.

I'm not being difficult with this but they advertised the deal, I didn't shop anywhere else, I bought the item, contract made, payment taken, email to confirm, email saying it will be dispatched and then order cancelled and payment refunded.

There is literally no point of a contract in place if you can't do anything about it. If you bought your shopping, went to the till, paid for it and then then someone came up to you and said, sorry sir, we're going to take all your shopping back and refund you how would you react?

wealdroam

underthesea wrote: »

There is literally no point of a contract in place if you can't do anything about it. If you bought your shopping, went to the till, paid for it and then then someone came up to you and said, sorry sir, we're going to take all your shopping back and refund you how would you react?

In this example there clearly is a contract in place and it would be patently wrong for the shop to try and undo the transaction.

In your original scenario, the situation is not quite so clear cut.
Even you must agree that.

underthesea wrote: »

I'm not being difficult...

Yes you are.

ap1986

I'm not sure that £5 is really worth all of this.

If you really needed the product immediately, why buy online when it will take a few days for delivery? If it's because of the £5 'discount', why not spend the extra £5 and go somewhere local to buy it?

If you're that strapped for cash (and I do know how it feels to have to watch every penny) what happens if you spend £X to go to the small claims court and then lose? Surely that's a bigger waste of time and money?

I'm not saying you're pathetic, I'd have an issue about it however, for a fiver, I wouldn't bother seeking advice on forums etc. It seems that you have 'won' the case in your head and aren't going to let this drop.

And... Just to add... If I went into the supermarket and bought a load of shopping then was taken off me and my money given back - I'd be EXTREMELY p****d off and I wouldn't shop there again but I certainly wouldn't look to take them to court for it. I'd have my money back so it wouldn't be the end of the world!

unholyangel

underthesea wrote: »

I see it as I've lost out on a deal, time, buyer confidence, a product i needed at a certain time.

I'm not being difficult with this but they advertised the deal, I didn't shop anywhere else, I bought the item, contract made, payment taken, email to confirm, email saying it will be dispatched and then order cancelled and payment refunded.

There is literally no point of a contract in place if you can't do anything about it. If you bought your shopping, went to the till, paid for it and then then someone came up to you and said, sorry sir, we're going to take all your shopping back and refund you how would you react?

As has been explained to you several times, for such a small amount....you may not have costs awarded in small claims even if you won your claim. So you'd end up paying out more than you'd get back. For the sums involved your best course of actions is just to order elsewhere.

And using a shop as an example isnt going to help. In stores there is a very clear offer + acceptance = contract. Online its not so simple as to what constitutes acceptance since a lot of order processing is automated.