[David F]

Originally Posted by SMHarman

It's an interesting point.
The old shopping cart system I used to run used to do a Pre_Auth and Post_Auth separately so when you ordered the goods the transaction was pre_auth to check the card had funds and those funds were then locked up for 7 days.
When you hit ship the post_auth occurred and the money was taken.
The new carts combine pre and post auth into one auth, actually something that is not allowed in a US Credit Card Merchant Agreement.
Many t&c's now state that the confirmation email is not an acceptance of an offer and that the shipping email is the acceptance email.
It's all moot as if this really was chased through court the retailer would win as that would be the right decision on the grounds of equity and all those other tennets of law.

But surely terms and conditions set by someone can not actually override law as law is law isnt it? its like if I laid out terms and conditions saying if customers bought a product off me and it was faulty I will not replace it and if the agreed to these terms by ticking buy now im sure I couldnt hold that up. A confirmation emai I agree isnt binding but from how i read the law taking my money is a binding contract.