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Showing content with the highest reputation on 09/07/2022 in Posts

  1. 3 points
    I am a bit late to the discussion. I think these paragraphs from this solicitors' website explains it concisely. https://www.howatavraamsolicitors.co.uk/selling-goods-online-when-do-you-become-legally-bound-to-deliver/#:~:text=By%20placing%20an%20item%20in,confirms%20receipt%20of%20the%20consideration. "Displaying items for sale on a website does not constitute an ‘offer’ under UK law. Instead, it is an invitation for third parties to make an offer to buy. By placing an item in a shopping basket online, a consumer is making an offer to buy those items at the price and on the terms listed on the website. However, a binding contract will only be formed online when the supplier accepts an order and confirms receipt of the consideration." "To avoid customers insisting that goods are sold at the price listed on a website, many businesses delay their acceptance of the customer’s ‘offer’ by first issuing an order acknowledgement. This enables the supplier to decline a customer’s offer if it transpires that there are errors on the website or that the item is no longer available. If a confirmation or acceptance is automatically issued on receipt of an order, a binding contract has been formed and the supplier will be in breach of contract if they fail to deliver on the terms originally listed. In order to avoid allegations from consumers that they have been misled, the supplier’s standard terms of business should set out the contractual process and make clear at what point the legally binding contract will be formed." Hence there is definitely no contract in scenario B in my view. The displayed price is only in "invitation to treat". You are making an offer and the seller has the right to reject the offer. In scenario A, I think it is invariably the case these days that you get an "order acknowledgement" when you have given your card details to buy something. Then you get a confirmation of the order at a later time (usually within 24 hours). The T&C would very likely also confirm that there is no contract until the order is confirmed. Personally, I don't feel comfortable with buying something that has obviously priced wrongly. E.g. something worth £3000 priced at £30.00. However, I do agree that not "updating" your price on your website is extremely poor on the seller's part. (Incidentally, I once saw a real leather briefcase at Debenhams with an original price of something like £150. Then it was reduced to "£5" after Christmas. I said to a sales assistant that surely the price cannot be correct but she said it was. I went ahead and brought it even though I didn't need the case.)
  2. 2 points
    No idea about contract legalities, but very poor form and I sympathise with your annoyance,. My thoughts, in no particular order. How do you forget you have an item on your website when you list it on ebay and not remember to check what you were asking? I have always found that dealers are quite happy to offer items for less off ebay as it reduces their costs, so I'd at least anticipate a reduction from the £3500! The longer a dealer has an item on their site unsold the more I would expect them to discount it! Unsold = no profit and funds tied up. And if it hasn't sold at the web price, they're just chancing it with hiking it that much on ebay! And this particular case, I'm guessing; A: Like in a shop that has forgotten to re-price an item, they aren't obliged to sell to you. But until it sells at the higher price its value is not established. If I'd already paid, I'd just ask for my money back. In six months time, if it hasn't sold and you still want it, make an offer. Unless you really want it and think the price is still reasonable. I'd still haggle as they've avoided eBay costs and fees. 20% down from the ebay price might be a starting point? B: No contract has been entered into and the price is open to negotiation. I suspect that's always the case, just that many retailers will honour an incorrect lower price if it isn't hugely out to preserve customer goodwill. Though as the economy gets worse, just like John Lewis and their 'never knowingly undersold' promise, I imagine many will review this if they haven't already.
  3. 1 point
    A similar problem was discussed back in 2011, in a thread titled " 1827 penny". Towards the end of the second page, a member called ' Mat ' explains contract law, in some depth. May be helpful.
  4. 1 point
    What do his T&C’s say? Depending on the company’s terms and conditions, you’ll have legal rights (and a contract) either: - once you’ve paid for the item (consideration) - once they’ve sent it to you If you don’t have a contract and someone realises they’ve told you the wrong price, they can cancel your order. If you had paid via the website at the requested price and their T&Cs stated that ownership is transferred upon payment then I think you might have had a good case.
  5. 1 point
    However, you should see some of the 19th and early 20th century auction prices for iconic early copper patterns and proofs for instance. Here's one example: Mackerell 1906: Anne Vigo five guineas "brilliant" - £30 Anne Bello and Pace farthing (later the Brookes specimen, in worn condition, illustrated in Peck) - £40
  6. 1 point
    Silver does work harden, so a finished coin could stamp a blank quite well once.....
  7. 1 point
    I picked this up a few months back without researching it and got lucky! D&H Warwickshire 36 RRR
  8. 1 point
    I bought 2 lots as well, n lost others. The successful lots were 4-5 steps below my max bid this time.
  9. 1 point
    Well i won two lots at the weekend, both well below my top price that i submitted. Missed out on one other, but happy with the two.





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