Hi all,
I am currently in dispute with a very well known UK retailer in regard to an online order.
Can someone please confirm with me when does an online order become legally binding (ie. when does the retailer have to despatch the goods ordered).
I understand most order's are not legally binding until such time as the goods are despatched, but taking into account the following scenario can you please advise.
order of events:
1) order placed
2) confirmation email from retailer
3) account status upgraded to "despatching soon" deliver by X date
4) monies debited from my account
5) monies reach retailers account
6) retailer wipes clear any trace of an order from my online account
7) retailer denies ever having taken funds
8) my bank (fraud dept and C/S) confirm authorisation number for the said transaction as received by the retailer
9) retailer emails me to call them
10) I call, retailer says "technical error" cannot fulfil order and is cancelled
11) retailer automatically add's a £25 gift voucher to my account without my consent or acceptance.
12) I refuse cancellation of the order with the retailer
13) dispute now raised with retailer
*below is an extract of their T&C's
I have highlighted a section for which I believe I have a case for the retailer breaking contract with me based on them accepting/taking monies after having the opportunity to clarify the order/goods were present and correct.
Appreciate any feedback please.
-------------------------------------------------------------------------------------
"Acceptance of your order"
Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.
If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.
All products that you order through the Website will remain the property of Marks & Spencer until we have received payment in full from you for those products.
During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
I am currently in dispute with a very well known UK retailer in regard to an online order.
Can someone please confirm with me when does an online order become legally binding (ie. when does the retailer have to despatch the goods ordered).
I understand most order's are not legally binding until such time as the goods are despatched, but taking into account the following scenario can you please advise.
order of events:
1) order placed
2) confirmation email from retailer
3) account status upgraded to "despatching soon" deliver by X date
4) monies debited from my account
5) monies reach retailers account
6) retailer wipes clear any trace of an order from my online account
7) retailer denies ever having taken funds
8) my bank (fraud dept and C/S) confirm authorisation number for the said transaction as received by the retailer
9) retailer emails me to call them
10) I call, retailer says "technical error" cannot fulfil order and is cancelled
11) retailer automatically add's a £25 gift voucher to my account without my consent or acceptance.
12) I refuse cancellation of the order with the retailer
13) dispute now raised with retailer
*below is an extract of their T&C's
I have highlighted a section for which I believe I have a case for the retailer breaking contract with me based on them accepting/taking monies after having the opportunity to clarify the order/goods were present and correct.
Appreciate any feedback please.
-------------------------------------------------------------------------------------
"Acceptance of your order"
Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.
If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.
All products that you order through the Website will remain the property of Marks & Spencer until we have received payment in full from you for those products.
During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
