Contact formed?

Ectophile

Mihangel wrote: »

I was left confused by the terms hence me asking if you thought I had a contract.

I think the terms are very clear. All they have sent you is an acknowledgement that they have received your order. The contract is formed when the goods are dispatched, which they haven't been.

elsien

Mihangel wrote: »

To me this is a contact?
6. General

Please note that all orders placed through our website or phone system are subject to Building Supplies Online LTD accepting said order, at which point a contract is formed between both parties and the goods are dispatched. Title and ownership of goods will pass to the customer on delivery. Point of accepting the order is considered to be the point of the process, picking and packaging at our warehouse or distribution location.

They can't pick or package it because they haven't got it. Hence still no contract.

[Deleted User]

Mihangel wrote: »

To me this is a contact?
6. General

Please note that all orders placed through our website or phone system are subject to Building Supplies Online LTD accepting said order, at which point a contract is formed between both parties and the goods are dispatched. Title and ownership of goods will pass to the customer on delivery. Point of accepting the order is considered to be the point of the process, picking and packaging at our warehouse or distribution location.

elsien wrote: »

They can't pick or package it because they haven't got it. Hence still no contract.

You beat me to it, how someone can answer their own question and still try arguing against it is beyond me.

Mihangel

Thanks for the advice really appreciate it

I hadn’t thought they couldn’t pick it I just was thinking or the order status.

waamo

The bar for loss of bargain has been set extremely high in recent court cases. So much so that you don't stand a chance.

bris

waamo wrote: »

The bar for loss of bargain has been set extremely high in recent court cases. So much so that you don't stand a chance.

Still not impossible though. There are a lot of breached contracts that could qualify, but for consumers they just aren't worth the time to chase.


One on here from B&Q for example is a case that the winner just didn't want to let go. So it can be done when they knew, despite the legal threats they were right.