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At what point does a contract become legally binding?


ten10jamie
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I ordered a HPZ3200 printer from a company named kikatek, via amazon for £2666.

The order was processed, completed and confirmation was given to me of this by both amazon and kikatek via email. Kikatek also took the money from my credit card.

 

2 days later i recieved an email from kikatek informing me that due to a 'stock shortage', the order would have to be cancelled. I proceeded straight away to look on the amazon website and low and behold, the printer was still on sale, but for £3400, instead of the £2666 i ordered it for. Somebody obviously made an oversight, and kikatek did not want to sell to me at this price.

 

Seeing as kikatek processed my order, confirmed that order, and took my money(this has since been refunded), does that mean that they are legally obliged to honour the contract between us and supply me with the printer at the price of when the purchase was completed, that being £2666?

 

I'm pretty sure i have a case here. I have spoken to amazon, and they have informed me as such. Also i contacted consumer direct and was given roughly the same answer.

 

But after trawling through pages of UK law and legislation, i have yet to find the sentence that tells me that this company, in the eyes of the law, is bound to honour the deal we made and provide me with the printer at the price i purchased it for.

 

Long story short, at what point does an online contract become legally binding.

And if somebody could point me the way to where this is stated, that would be great.

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  • 2 weeks later...
Guest Old_andrew2018

If a mistake was made then IMHO the retailer can refuse to supply the item, its a pity they needed to lie to you.

 

Andy

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A contract has been made when the offer from one party has been accepted by the other party.

 

So if the company sent you a reciept of some form saying something along the lines of "you have bought a HPZ3200.... price £2666." then they are bound by this.

 

Not strictly true.

 

As Andrew has said, if a mistake is made, the seller can withdraw the item.

 

You'll have to prove the mistake though.

 

For example, curry's was selling a 50in Plasma TV for £99. It was a simple mistake and should have been £999.

 

Now if the item for sale is £2499 and the new price is just over £3000, its not like a simple entry error.

 

Would still be very hard to prove in a Court of law!

 

Jogs

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Not strictly true.

 

As Andrew has said, if a mistake is made, the seller can withdraw the item.

 

You'll have to prove the mistake though.

 

For example, curry's was selling a 50in Plasma TV for £99. It was a simple mistake and should have been £999.

 

Now if the item for sale is £2499 and the new price is just over £3000, its not like a simple entry error.

 

Would still be very hard to prove in a Court of law!

 

Jogs

 

Ah yes, you are absolutely correct, no contract arises where one party makes an offer to the other aware that the other party is making a fundamental mistake as to the terms.

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