When does an invitation to treat become a contract.
Discussion
JamieBeeston said:
They have refunded the payment claiming to be 'out of stock'.
Given they listed as 'in stock' at the time of ordering, AND colleagues who placed orders AFTER mine have had confirmation, I'd say they're looking to exit the contract by trying to deceive me here.
Very unimpressed.
Very sneaky.Given they listed as 'in stock' at the time of ordering, AND colleagues who placed orders AFTER mine have had confirmation, I'd say they're looking to exit the contract by trying to deceive me here.
Very unimpressed.
I am not sure there is much you could do in the situation though. They may indeed have been out of stock of the amount of the 'one per customer' items you ordered...
JustinP1 said:
JamieBeeston said:
They have refunded the payment claiming to be 'out of stock'.
Given they listed as 'in stock' at the time of ordering, AND colleagues who placed orders AFTER mine have had confirmation, I'd say they're looking to exit the contract by trying to deceive me here.
Very unimpressed.
Very sneaky.Given they listed as 'in stock' at the time of ordering, AND colleagues who placed orders AFTER mine have had confirmation, I'd say they're looking to exit the contract by trying to deceive me here.
Very unimpressed.
I am not sure there is much you could do in the situation though. They may indeed have been out of stock of the amount of the 'one per customer' items you ordered...
As it is they've cancelled it all, and left me with a lump of cash on paypal that I'll have to pay to get out again!
still, the other three I had staff and mates order came through
It was for some Banksy artwork Ed.
JamieBeeston said:
I'm basing this on the research I did during the Kodak Camera price issue back in the day
Ah, the mistaken pricing on the digital camera - I remember it well. I saw it on an online forum in the morning and then was a bit surprised when one of my colleagues wandered into my office a few hours later to have a chat with me, as he knew I was conversant with online shopping. Lo and behold, it was him Kodak had gone to for advice. It was interesting to see that one from the "inside", so to speak...From memory of these kind of cases, doesn't whether you get past the invitiation to treat stage and on to acceptance depend on the wording of the e-mail you get in response to the order? The problem in the Kodak case (among others) was that the automatic e-mail generated on receipt of the order actually confirmed acceptance, rather than just acknowledging receipt and saying confirmation would follow in due course.
Looking at the wording of the e-mail you received, it's arguable that it's just a confirmation of receipt of the order, not acceptance of it. But whether a court would then construe the failure to refund the money within a reasonable period as acceptance is quite another issue. It's at least arguable in my view.
EDIT: I really should read to the end of the thread before posting a reply
Edited by Lurking Lawyer on Thursday 6th March 13:35
Lurking Lawyer said:
Looking at the wording of the e-mail you received, it's arguable that it's just a confirmation of receipt of the order, not acceptance of it. But whether a court would then construe the failure to refund the money within a reasonable period as acceptance is quite another issue. It's at least arguable in my view.
Aye,Ultimately this is what I determined, I can not find the word confirmed anywhere within the emails, only that confirmation will be made once payment is taken (which is where the PayPal checkout side could be deemed as acceptance and confirmation)
However I'm in no mood to doggedly pursue this just for principles sake.. life's too short.
Thanks for all those who have commented though.. I'll just have to be happy with the three I did get.
J
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