Online Legally Binding Contract
Discussion
Hoping the PH hive mind can provide some advice or at least let me know if I’m barking up the wrong tree.
Purchased 4x brake discs for my M2 on Black Friday from a certain retailer that does BMW Performance parts.
Despite constant delays and me being quite understanding and pleasant I received an email from them 3 months later saying basically we got the price wrong due to IT pay £230 or we won’t ship.
I’m not paying the £230 as I can get it cheaper elsewhere.
Now I’m curious at one point this order is a legally binding contract and does it override their terms and conditions.
Their T&Cs state
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). A contract is formed after we have dispatched your order.
I did receive an order confirmation email.
I questioned it on the M2 forum and turns out it’s super common so certainly shouldn’t have bothered!
Purchased 4x brake discs for my M2 on Black Friday from a certain retailer that does BMW Performance parts.
Despite constant delays and me being quite understanding and pleasant I received an email from them 3 months later saying basically we got the price wrong due to IT pay £230 or we won’t ship.
I’m not paying the £230 as I can get it cheaper elsewhere.
Now I’m curious at one point this order is a legally binding contract and does it override their terms and conditions.
Their T&Cs state
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). A contract is formed after we have dispatched your order.
I did receive an order confirmation email.
I questioned it on the M2 forum and turns out it’s super common so certainly shouldn’t have bothered!
They can do that if they wish to.
It is just an invitation to treat until they (the seller) accepts your offer to buy at that price.
They even have all the correct T&C.
Not good business practice. Ask them if they will accept an offer under the cost of you refunding and buying else where. Good business practice would suggest they should accept your offer.
That way they still get a sale and you save some money.
Work with them.
Link. https://www.pinsentmasons.com/out-law/guides/onlin...
It is just an invitation to treat until they (the seller) accepts your offer to buy at that price.
They even have all the correct T&C.
Not good business practice. Ask them if they will accept an offer under the cost of you refunding and buying else where. Good business practice would suggest they should accept your offer.
That way they still get a sale and you save some money.
Work with them.
Link. https://www.pinsentmasons.com/out-law/guides/onlin...
kestral said:
They can do that if they wish to.
It is just an invitation to treat until they (the seller) accepts your offer to buy at that price.
They even have all the correct T&C.
Not good business practice. Ask them if they will accept an offer under the cost of you refunding and buying else where. Good business practice would suggest they should accept your offer.
That way they still get a sale and you save some money.
Work with them.
Link. https://www.pinsentmasons.com/out-law/guides/onlin...
Are you sure it's just an invitation to treat at this stage. I assume the OP has paid money which once accepted and in the absence of communications to the contrary could constitute a contract?It is just an invitation to treat until they (the seller) accepts your offer to buy at that price.
They even have all the correct T&C.
Not good business practice. Ask them if they will accept an offer under the cost of you refunding and buying else where. Good business practice would suggest they should accept your offer.
That way they still get a sale and you save some money.
Work with them.
Link. https://www.pinsentmasons.com/out-law/guides/onlin...
That having been said, they have the remedy of refunding available to them. I certainly agree though that they may take an offer, but unless the offer is cheaper than the OP can get elsewhere why would he do that?
Yeah I spoke to them and mentioned about common business practice and bit of common sense.
They offered me £50 off but to be honest I can get them cheaper than that so isn't in my interest.
Just would have be interesting to know where I stand legally and if it actually contributes a contract.
Quite annoying I'll be forking out another £150 despite working with then and being really understanding.
They offered me £50 off but to be honest I can get them cheaper than that so isn't in my interest.
Just would have be interesting to know where I stand legally and if it actually contributes a contract.
Quite annoying I'll be forking out another £150 despite working with then and being really understanding.
CG2020UK said:
Yeah I spoke to them and mentioned about common business practice and bit of common sense.
They offered me £50 off but to be honest I can get them cheaper than that so isn't in my interest.
Just would have be interesting to know where I stand legally and if it actually contributes a contract.
Quite annoying I'll be forking out another £150 despite working with then and being really understanding.
If you can get them elsewhere, why will it cost you another £150? Isn't it a better outcome?They offered me £50 off but to be honest I can get them cheaper than that so isn't in my interest.
Just would have be interesting to know where I stand legally and if it actually contributes a contract.
Quite annoying I'll be forking out another £150 despite working with then and being really understanding.
For the contract, I doubt that statute would force them to honour the contract, so it would be down to the terms of the contract between you. So to all practical intents you won't have an enforceable agreement to supply the parts at the price previously stated.
GasEngineer said:
BertBert said:
If you can get them elsewhere, why will it cost you another £150?
Cos the place he will now get the discs from is £150 more than he originally paid to this company.But still less than the additional £180 (£230 less the £50 off offer) that they now want.
richhead said:
not sure i understand this, did you pay the first price, if so you are due the goods, if you havnt yet paid, then they can alter price at will
Yes paid the full price over 3 months ago. Multiple emails asking for more time and apologising for delays between now and then.
They have the turned round and said pay the £230 or no goods. (I’m not paying!)
GasEngineer said:
BertBert said:
If you can get them elsewhere, why will it cost you another £150?
Cos the place he will now get the discs from is £150 more than he originally paid to this company.But still less than the additional £180 (£230 less the £50 off offer) that they now want.
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