Implied acceptance. Supplier shipped at wrong price

evilel

A little advice would be appreciated.


I placed an order with an online supplier by email and the PO quoted an old price. The supplier provided an email thanking me for my order and advising an official order acknowledgement would follow, but it didn't. I did however get a notice of shipping from them, which I think counts as implied acceptance of the price since they didn't query the price on the order and they sent the goods. I think my email counts as "Offer" and their shipping confirmation without challenging the price in the "offer" counts as "acceptance" in accordance with SOGA 1979.


They are now trying to invoice at a higher price. Must I pay?

Caz3121

how long ago did you receive the goods?

evilel

22nd June.
They shipped on 13th May from Germany.
Goods have been used.
PO price EUR43,47. Invoice price EUR 68,80

unholyangel

If the seller is a german company/trader then it complicates matters a little as although their legislation may be very similar to our own, there may be some significant differences. You'd need to check the T&C's and see whether they say anything about governing/applicable law. Although I believe offer + acceptance = contract has international standing, what constitutes acceptance may vary country to country.

PO....is that the post office? Only PO i know

evilel

Thanks, I think that agrees with my understanding.
The shipping notification without an amendment on price, constitutes implied acceptance although they didn't ever send an official confirmation, which means they have contracted to supply at the EUR43,47 price.


The law of Germany is very similar to ours as far as I can see, with EU directives governing free trade and distance selling which agree with SOGA.


PO = Purchase Order i.e. offer price. Sorry for the confusion.

OlliesDad

Is this a business transaction? If so things may be different.

evilel

yes. But I thought the same rules applied regardless in the main.

bris

Not for a B2B contract, for business purchases you need to refer to the contract. If the contract allows for mistakes then so be it. If your never going to use them again then just ignore it, they are not taking any further action against you for 20 euros.

Caz3121

are the taxes and shipping shown separately?

bod1467

evilel wrote: »

yes. But I thought the same rules applied regardless in the main.

As said above, if the terms have E&OE* (or the German equivalent) then their claim is valid.

* Errors & Omissions Excepted

unholyangel

evilel wrote: »

yes. But I thought the same rules applied regardless in the main.

No - not even in the UK. For example the consumer contract (information, cancellation and additional charges) regulations apply to consumers only. The unfair terms in consumer contract regulations again only apply to consumers (although a similar guidance of unfair contract terms act applies to both b2b and consumer sales).

On top of that, its impossible for a consumer to sign away/contract out of their statutory rights, however a business can be capable of contracting out of theirs.

Do the T&C's stipulate when a contract is formed/what constitutes acceptance (and above anything about the effect a mistake has on the contract)?

The reason consumers have more protection than businesses is because contracts are a part of every day life as a business - they're expected to be more savvy for lack of a better word.

Just a thought, but if its a b2b sale, is it possible the price was not inclusive of taxes?