Purchased item on internet

[Cyclone]

A contact is made when a trader excepts an offer. In a physical store this would normally occur when cash changes hands.

 

This is different online because the retailer has not had chance to see the offer before money has changed hands. Therefore as long as the retailer puts something in their Ts and Cs explaining when the contract will be formed then they can refund the customer's money without any comeback before this point. Most retailers will stipulate that the contract is not formed until the item has been dispatched.

 

And to add - no the retailer cannot cancel a contract once it has been formed without being in breach of contract.

 

Unless the contract has a term allowing for cancellation of course.

And if no contract exists when the money has been handed over, then the retailer would be free to just keep the money.

 

---------- Post added 02-08-2016 at 07:43 ----------

 

But "handing over the money" isn't the same online as in a shop, thats the part you don't seem to get.

 

The terms of use of the website may specify that an acceptance email is not necessarily the start of a contract in terms of selling something - but there is a difference between accepting the terms of a website (by using it) and the start of a contract to sell.

 

Where that is the case (and it usually is the case if lawyers have been involved in the writing up of the website t&cs) even the handing over of the money and an acceptance email is considered to only be an offer of a contract (from you, the prospective buyer) - the sellers still have to accept it at a later stage for their to be a valid sales contract.

 

So we're back to the retailer having your money, but no contract to supply goods/services existing. They can just keep your money.

[Old_Bloke]

The Ts&Cs will include something like "Errors and exceptions apply". That's the key phrase which means that the retailer can cancel the purchase contract if they realise they've made a mistake, for example with the pricing.

[davyboy]

To sum up :an advert or price tag in a shop is an invitation to trade.

In a shop if the price on the tag is wrong (too low) and you hand over the money, you have the item and the shop has your money then the trade has been made, contract completed.

It's yours and you have bargain!

Purchase something on line and the contract is not completed until the item is out of the trader's hands and dispatched.

If the mistake in pricing is discovered before dispatch then you get a refund.

They can't keep your money.

[Berberis]

To sum up :an advert or price tag in a shop is an invitation to trade.

In a shop if the price on the tag is wrong (too low) and you hand over the money, you have the item and the shop has your money then the trade has been made, contract completed.

It's yours and you have bargain!

Purchase something on line and the contract is not completed until the item is out of the trader's hands and dispatched.

If the mistake in pricing is discovered before dispatch then you get a refund.

They can't keep your money.

 

No but it may take a while to get your refund. Many businesses will process these on specific days of the week so you could wait for up to a week, then for your bank to clear it.

[Cyclone]

The Ts&Cs will include something like "Errors and exceptions apply". That's the key phrase which means that the retailer can cancel the purchase contract if they realise they've made a mistake, for example with the pricing.

 

T&Cs would of course mean that a contract exists which includes those terms and conditions.

[Berberis]

T&Cs would of course mean that a contract exists which includes those terms and conditions.

 

No, they are the terms and conditions in order to enter into a contract with the supplier.

[Cyclone]

No, they are the terms and conditions in order to enter into a contract with the supplier.

 

So they can't apply until a contract is formed, because they form part of a contract. Duh.

[Berberis]

So they can't apply until a contract is formed, because they form part of a contract. Duh.

 

oh my word, you really do not know enough to be part of this thread.

[Cyclone]

Are you claiming that Terms and Conditions can apply when no contract exists?

 

That simply makes no sense, it's nonsense. The act of accepting terms and conditions offered by one party to another forms a contract.

 

It's pretty funny that you think I shouldn't be taking part, if that's what you believe.

[Berberis]

Are you claiming that Terms and Conditions can apply when no contract exists?

 

That simply makes no sense, it's nonsense. The act of accepting terms and conditions offered by one party to another forms a contract.

 

It's pretty funny that you think I shouldn't be taking part, if that's what you believe.

 

I'm saying you don't know as much as you think you know, which comes as no surprise and I don't have the inclination to teach you as you won't listen anyway being the arm-chair expert you are.

 

Good Day.