Quote:
Originally Posted by sta0612
Thank you all for the quick responses, I wasn't expecting so many. You all seem quite knowledgeable in the area, however, the contrasting opinions shown confused me even more I'm afraid lol.
One thing I (quite naively) forgot to add in my initial post was I looked the item up online and read this:
"Technika LCD26-207 26" HD Digital LCD TV
Catalogue number: 202-1533
We apologise that the incorrect price has been printed in the catalogue. The correct price is £299.97."
This presumably (correct me if I'm wrong) rules out the option of ordering online as the price has been adjusted. However, is there still any chance of getting the TV for the catalogue price over the phone/in store?
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None. The catalog is an invitation. You could go in and make an offer of 2.97 and unless they accept that offer and you then pay that 2.97 consideration you are SOL as without them accepting your offer which is what happens at the checkout you cannot give them consideration and you cannot create a contract.
---------- Post added at 18:50 ---------- Previous post was at 18:46 ----------
Quote:
Originally Posted by zinglebarb
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.
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Yeah but... As a retailer I do not get your money at the time the transaction occurred. In fact if I go to my credit card control module within the next 48 hours and void your transaction it will in most cases never appear on your credit card bill.
After that 48 hours the money will be transferred to my bank account. At that point it would be easier to argue offer, acceptance and consideration.
The law was written to cover face to face transactions, not human to machine transactions. Most retailers have applied it fairly in the .com world, the it should have been 110 and I typoed it to 101 so I will take the hit, but expecting a TV for less than a gallon of petrol well nobody could consider that reasonable.
You are also obviously correct that T&C cannot override law Unfair Contract Terms are also subject to exclusion.
The confirmation that goes from my shopping cart says processed. The next status is either accepted or shipped, if I had to argue this in court I would start with the argument that the first state is a machine driven state, accepted or shipped is where the human intervention of acceptance of the offer occurs.