Terms and Conditions

[Lead_Head]

Hi all,

I need some help regarding some terms and conditions from an online store.

I need to know where I can find out the TRUE legal meaning, and see if they have covered there back correctly.

Even a help site to check you have written your OWN T+C
correctly would be very useful.

What links you got for me you lovely Hexus lot?

Cheers in advance,

Nick

PS Dont let this thread sink to the unknown - i need some of the help ASAP!

[petrefax]

the dept of trade & industry consumer website would prob be a good point to start mate - not exactly plain english, but not too difficult to understand - can be found here

in particular, the distance selling regulations would apply to UK online retailers as noted
here

apologies if you've already seen this lot btw, but thought i'd post 'em anyway, just in case you hadn't

[Agent]

Is there an exact bit you need help on ?
Feel free to paste it here if their is

[Lead_Head]

Basically, the website has advertised a product at a ridiculously cheap price - I have ordered - and I want to make sure I get it for the same price and there T+C doesnt cover them very well

The T+C say:

Terms of Trade

All prices quoted are inclusive of VAT unless otherwise stated.

Unless we are specifically asked about requirements or compatibility, we shall assume the customer is aware of what these are.

If we have to part ship an order, due to temporary stock shortage, subsequent part shipments will not carry a delivery charge. We will always try to let you know if an item is out of stock at the time when you place your order. If, however, you order new release items, we shall hold the order untill all items are in stock unless you agree to pay an additional shipping charge.

Prices and promotional offers are subject to change without notice. All are subject to availability.

Access, Mastercard, Visa, Switch, Solo, Delta, American Express cards are accepted without surcharge, however we reserve the right to delivery only to the card holders billing address or any other address acceptable to the card issuer.

Your credit/debit card will be charged at the time of order in order to secure the goods.

Personal or business cheques are welcome but will need to be cleared before the goods are shipped.This takes upto 7 working days from when we receive the cheque. Bankers drafts and building society drafts are acceptable as well as postal orders. These will be cleared immediately. You may also transfer funds (or pay by cash) directly into our bank account, in which case goods will be shipped as soon as funds have cleared. Please speak to a sales representative to obtain details and procedures.

No property or title of the goods shall pass from [COMPANY NAME] to the customer untill payment has been received in full. The customer is responsible for the goods from the time of delivery and liability to insure the goods then rests with the customer.

All products (inc. special offers, upgrades, promotions and free gifts) are subject to availability.

All products are covered by manufacturer's warranty.

All shipments in transit from [COMPANY NAME] or direct from the distributor are covered by carrier's insurance.

The Customer's signature will be required at time of receipt and goods cannot be left without such signature.

Claims for non delivery, missing items or damage to goods in transit must be made within 7 working days of expected delivery. Claims will not be accepted after this time. 'Dead on arrival' : Goods found to be faulty from new can be returned for replacement or refund. The customer must notify [COMPANY NAME] within 7 days of receipt of the goods. The faulty goods will then be collected by [COMPANY NAME] courier. Failed delivery due to customer (i.e customer not present or refused goods) which are returned to [COMPANY NAME] are subject to £15 charge for return. If the same goods are requested to be re-delivered, a minimum of £5 re-delivery charge will apply.

Acceptable orders which have been placed and cleared* by 1pm weekdays will be shipped that day for expected delivery in Mainland UK during the next working day, (barring systems failure etc). If an order has not cleared in time, [COMPANY NAME] will contact the customer to inform them of any delay.

*[COMPANY NAME] 'cleared orders' as orders that have cleared funds and security checks.

All illustrations and product descriptions featured in out advertisements, web site or brochures are correct at the time of web pages going 'live'. Any changes to the products will be mentioned on the website.

Do you think I could get away with it?

What lines shall I pull out of my drawer if need be?

YGPM Agent + Petrefax.

RE: Anyone else - please give me more links, they are much appreciated!

Cheers,

Nick

[Lead_Head]

Oh, btw - the money has been taken from my account as of today..... If it makes any difference I dont know??

Will they have to honour the price?

Cheers,

Nick

[TomWilko]

What going on Nick? PM me m8

[homerhassall]

Not really down to T & C more a matter covered by contract law.

An advertisment in contract law terms is merely an 'invitation to treat' and any shop or whatever has no obligation in law to sell you anything offered for sale. They can simply say 'No' particularly if they've made a mistake and there's nothing you can do.
However once money has changed hands this forms what is known as 'consideration' in legal terms and seals the deal and forms a binding contract at the price they've accepted upon which you could sue for a breach.

That's a very simplisitc overview but basically if they've had your money you have a contract and if you don't get your stuff you could sue em (If you feel that stongly or can be bothered).

Suppose it depends how good the 'bargain' was!

Hope that helps

[Agent]

Didn't get a PM mate, resend

edit - and them taking the money doesnt mean you will 100% get it though

[Lead_Head]

Well, they've taken the money....

It was a blatent mistake - it's been rectified now..

I shall explain

I was browsing at some DJ Decks, basically cos I was bored and I noticed one was advertised as £0.00....

So I thought - for a laugh - I'll order one. And indeed it went through as £0.00 (normally they change to the normal price during checkout), but this didnt.

I then upped the quantity to 2 (cos DJ's need 2 decks)! So nothing will look out of place on the order form.

I then entered all my CC details and I've checked my account today online and they have taken the £6 that was confirmed by me! The £6 is what the delivery comes to + 2x £0.00 = £6

I've since been back to the website and it now says the correct price - £185 EACH = £370, so a potential saving of £364...

I am sooooo hoping I get these through - they are quite good decks too LOL

Well, thats my story!

As far as I'm concerned - MY monies been taken, so thats a contract accepted by the company - therefore the decks are mine.

If they say they are out of stock, then I will ask for something else of EQUAL value / gift vouchers

Nick

[Agent]

Good luck though mate

[Lead_Head]

IT seems ok so far... I will give them until Friday before I contact them

I did a WHOIS search so if they run off with my £6 I'll have his guts for garters!

Thanks for the good luck!

What would be quite funny would be if I got the decks from him, I'd order the mixer from that store - I'd still be savin money hehe

Nick

[Saracen]

I don't want to burst your bubble, and I hope you are lucky BUT .... I think you are unlikely to get them. One of the premises of contract law is that both parties intend to enter into a contract, and I think it is pretty clear that they did not intend to enter into this.

That they have taken your money is certainly an interesting development, and that will complicate the situation for them BUT I still doubt it will go through. There have certainly been cases of obvious mistake before (Argos advertising £300 TV's for £3.00 was, IIRC, a classic) and it was held that it was an obvious mistake, and that no consumer could realistically suppose it was anything else.The same clearly applies here. I would imagine your only chance of getting these is if their system is automated to the point that they ship before anyone sees this, and that it also has no safeguards to prevent it.

If they catch what's happening, however, they'll no doubt stop shipment. I would, in their shoes. And you'd have the devil's own job trying to enforce a contract like that.

[Lead_Head]

I just got an email from the owner of the company. He says he doesnt understand why he only received payment for delivery and not the products. He basically blames the credit card ordering system....

He has taken the money, agreeing the terms of a contract to sell me the products for £6....

Although, like you say, it isnt feasible for him to sell them for £6!

I could say I thought it was an introductory offer?! Or suchlike - therefore mis-interpretation etc??

He has asked me to email my CC details to him if I still want the decks, and the remaining balance of £394! Theres no way I'm emailing my CC details lol...

What do you think my next step should be?

I've got loads of screen prints confirming the transaction etc..

Cheers for all the feedback - keep it coming!

Nick

[Lead_Head]

Heres a copy of his email:

Hi Nick,



Thanks for the order for the decks but unfortunately we only got payment for the delivery. Cant think why this happened, there must have been something wrong with the order processing on the site. The Decks are £185 each and delivery is free on all orders over £100.



If you still want them then send me an email with your card details. You have already paid £6 so the balance will be £364. Otherwise we will refund your card for the £6 you have paid.



Regards



XXX

Sorry for double post! heh

[Lead_Head]

I replied to his email asking whether the decks where in stock, as I was expecting delivery.

He has now replied and refunded my money...

They are in stock but as I said below we have only received the £6 delivery charge. I have also checked with Worldpay and that is the only amount that was charged to your card. The WorldPay transaction ID is: BLANK. If you want to check again with your bank their reference for the transaction is: BLANK and the bank authority code is BLANK.



We have now refunded your £6. The transaction number for the refund is: BLANK



Regards



XXX

Can he do this?

Nick

[ICY]

looks like he has just done it :\