right to refuse the sale of goods by a retailer

[crash3903]

thanks for clearing that up - never heard of that before - must be my age

[JonCris]

Fraid you can't claim for disappointment - unless you have suffered a loss which the OP hasn't either now or in the future as in the future he could just refuse to buy - He's not compelled to purchase - it's not like his purchase is essential is it?

[RebeccasDad2007]

What is the case law on when a contract is formed for internet purchases? (on holiday, so no access to books etc!)

 

Is an automatically generated message deemed as acceptance on the part of the retailer of the offer made by the customer ? I seem to recall a case where it wasn't?

[Bookworm]

Depends on whether internet retailer has specified. Sites like Amazon and Argos (I think) cover themselves by stating that contract is only formed when they they send a second or 3rd e-mail confirming that goods have been dispatched, and that they can cancel until then (I paraphrase, but that's what it means).

 

I have been searching the forum because I know we had a couple of threads about the big mess-up last year with TVs being wrongly priced, but the forum's too big now, I can't find the threads.

[Consumerised]

Hi, the bottom line is this. If the Trader cant supply the goods then theirs not much you can do. You could try and take them to court for 'loss of a bargain', but then your not guaranteed anything. All the trader will say is that they ran out of stock, they didnt realise, hence they have refunded you.

 

The trader is in breach of contract, however your back in the same position you were in originally.

 

Hope this Helps.

 

Consumerised

[Conniff]

You never know, all may not have been as it seems and you have been saved from a disappointment worse than not getting it.

[killat]

Hi, the bottom line is this. If the Trader cant supply the goods then theirs not much you can do. You could try and take them to court for 'loss of a bargain', but then your not guaranteed anything. All the trader will say is that they ran out of stock, they didnt realise, hence they have refunded you.

 

The trader is in breach of contract, however your back in the same position you were in originally.

 

Hope this Helps.

 

Consumerised

 

 

this looks like my best option

 

they can not say they ran out of stock as their online store alocate a specific print number to each purchase, so when they run out of stock, it is impossible to add the item to a cart. say there are 100 prints, they get sold starting at print no 1 and the last to be sold is 100.

 

I have the print no on the invoice.

 

The other main points are they did not have any terms and conditions of sale on the site so would have to honour the sale or compensate me for my loss of bargain

 

 

As i see it i have to give them 30 day under the distance selling regulations to send me the item, if they fail to do this then buy one on the secondary market and make a claim against them in the county courts for the diference in price.

 

As far as i am aware the reason they may have canceled the order is because my sister listed her print on ebay, as she wanted to make a quick profit.

 

historically art is one of the most likely resold items, so why they would do this i am unsure. and even if they did want to cancel they should have had terms and condition stating that they could do this on their site

[gyzmo]

I thought you said that there were terms and conditions? Even if it is a link referring you to them then that should be adequate. I'm sorry, but you are saying one thing and then another.

[CommunityChest]

no each person used their own computer, they are on the same network, but this is only because they both work for me in my office

 

both of those have also been refunded

 

this looks like my best option

As far as i am aware the reason they may have canceled the order is because my sister listed her print on ebay, as she wanted to make a quick profit.

 

Sorry, to be a pooper as I have only just joined this forum and am reading lots of threads with interest. However I can't help noticing here they you only reaveal snippets of information, that should of been revealed earlier, when questioned and your replies contradict yourself. By your own admission I can't trust anything your saying and it seems more like your changing the story to suit the boards response.

 

Doubt we will ever know the full story or the whole facts but in th electronic age where internet purchasing & instant payments are handled. Things generally do and can go wrong and there is not much you can do about it since you have had a full refund & apology. I would count your blessings it was not a [problem], as mentioned somewhere earlier. The reason I say its not a [problem] is because you have, again impressed 'you have had full refunds'. If it was a [problem] you would be here requesting information of how to take action to get your refund instead !!!

 

I would count myself lucky in your shoes rather than argueing with the helpful replies, in doing so, contradicting yourself and shooting yourself in the foot using a gun you had but never recieved and then sold on ebay !!

 

Community Chest

[Conniff]

As far as i am aware the reason they may have canceled the order is because my sister listed her print on ebay, as she wanted to make a quick profit.

 

I have to admit that this seems to be the reason the OP is angry at not getting the prints, not lost opportunity or lost bargain, but lost killing.

[killat]

if a website does not have any terms and conditions available

 

would they be valid if i made a puchase from that website

 

i remember reading somewhere a while ago that a contract can not be formed if a party was unable to view the terms of a contract, It was to do with wheel clamping signs.

 

I bought a piece of art from a website and there were no terms and conditions, is there any case law or information taht can help me to prove that these terms are not valid as they were not available, in addition there was not contact address or telephone number on theor site, just an email address

[Filthy Monkey]

I was reading about this last night on your other thread. I'm not really sure what you're asking here, though. You have questioned if the terms and conditions would be valid, but have stated that there were no terms and conditions available. How can they be valid if there are none...?

[demon_x_slash]

You've already asked this, and been answered, on your original thread.

[killat]

I was reading about this last night on your other thread. I'm not really sure what you're asking here, though. You have questioned if the terms and conditions would be valid, but have stated that there were no terms and conditions available. How can they be valid if there are none...?

 

i ask as i need clarification on this matter, as when speaking to trading standards they advised that the terms and conditions may be valid as i could have requested them from the company even though they did not display them at the point of sale.

 

I though that they did need to be at the point of sale to be valid, but have conflicting advice and wanted to know if there case law that i can rely on to confirm this for me

[gyzmo]

It will be for a court to decide. They will look at the individual circumstances, and if there are indeed no terms or conditions stated, then they will adduce what was supposed to be there by looking at normal practice for that industry. There is case law (lots of it) and the message from them is this:

 

A court will not try to make a contract for people or re-write. They will look at what has happened and infer what that contract was. Until it goes to court, nothing more than a general assumption can be made.

[killat]

Sorry, to be a pooper as I have only just joined this forum and am reading lots of threads with interest. However I can't help noticing here they you only reaveal snippets of information, that should of been revealed earlier, when questioned and your replies contradict yourself. By your own admission I can't trust anything your saying and it seems more like your changing the story to suit the boards response.

 

Doubt we will ever know the full story or the whole facts but in th electronic age where internet purchasing & instant payments are handled. Things generally do and can go wrong and there is not much you can do about it since you have had a full refund & apology. I would count your blessings it was not a [problem], as mentioned somewhere earlier. The reason I say its not a [problem] is because you have, again impressed 'you have had full refunds'. If it was a [problem] you would be here requesting information of how to take action to get your refund instead !!!

 

I would count myself lucky in your shoes rather than argueing with the helpful replies, in doing so, contradicting yourself and shooting yourself in the foot using a gun you had but never recieved and then sold on ebay !!

 

Community Chest

 

i dont see how i contracdicted myself, my sister is my accountant and works for my company in my office.

 

i am sorry i have not explained my situation, by no means is this intentional, if you have any specific questions that would help, please let me know and i will be happy to answer.

 

i think my responses have come across in the wrong way and am only here to get advice on the legal situation as a consumer and hope i have not offended anyone

[killat]

It will be for a court to decide. They will look at the individual circumstances, and if there are indeed no terms or conditions stated, then they will adduce what was supposed to be there by looking at normal practice for that industry. There is case law (lots of it) and the message from them is this:

 

A court will not try to make a contract for people or re-write. They will look at what has happened and infer what that contract was. Until it goes to court, nothing more than a general assumption can be made.

 

 

thanks for the response, i had hoped that there was a definative answer but if it is ultimatly down to a judge to decide that is what i will have to do

 

many thanks again

[zootscoot]

You may find this of interest:

 

Online price mistakes The Kodak Case - e-Business - Webmaster Education

[zootscoot]

Possible remedies are either specific performance of the contract (they must supply the prints at the agreed price) or damages (they must pay the replacement cost) under s.51 & s.52 Sale of Goods Act:

 

Results within legislation - Statute Law Database

[zootscoot]

Two threads merged to help keep track of your progress

[JB_]

If they are limited edition and they are all sold, it is likely they can never fulfil the contractual obligations at this point. This would lead to the contract being "frustrated", that is impossible (or significantly different to that anticipated) to perform.

 

Frustration discharges the contract (ie no further performance) but allows for losses. The Law Reform (Frustrated Contracts) Act (1943) has codified some of the case law in this area. Based on this (see s 1, gosh I love short legislation) I'd say a refund should cover the expected losses.

 

I'm not sure there's a lot for you to work with here I'm afraid.