Is a Store Credit Application form a legally binding agreement?

Kenny Gofuk · 31-12-2013 9:01pm #1

Hi, can anyone advise me on this in relation to a local store.

In order to get store credit it was a requirement to fill in and sign my name on an application form.

However, I am curious as to some sections of terms and conditions after signing the application and its lagality?

First off, I signed the application form which had written on it....

'On application for a credit account, you hereby confirm that you accept the terms and conditions as printed overleaf'

I was never given a copy of it, or a copy of the terms and conditions that were either on the back of the form or on a seperate sheet.
I got the conditions form only after requesting it at a later stage.

Does that therefore by default not make it a binding agreement?

The store also has a policy where I can go in, get goods and have them put on my account without the need for me to sign anything?
I find this practice strange and wonder is it covered again in legal agreement?

Here are some of the terms and conditions of the store..

3) RETENTION OF TITLE
a) Title of goods remain vested in seller until paid for
b) Seller reserves the right to repossess goods if not paid.
This is without prejudice to the sellers right to sue for the amount outstanding in the alternative
and at the sellers sole election.

Excercising its rights, the seller shall be entitled at any time without prior notice to the buyer, to free and unrestricted entry upon the buyers premises and/or where any goods are situated.

c) the buyer shall ensure that the goods are stored in a manner in which they are identifiable as the goods of the seller.

4) PRICE
The seller reserves the right to adjust any selling price without notice.

5) DELIVERY
In the case of delivery by sellers vehicle of goods, the buyer shall check completely with the driver and notify of any discrepancy within 24 hours.
No claim for loss or damage, after this time, shall be entertained.

6) CONDITIONS OF SALE
It is an explicit condition of our store that on accepting of goods on credit, that you automatically accept all our terms and conditions of trading.

Have I been fooled into a legally binding agreement here or are the terms void as I was not made aware of the conditions until after I signed the application? Your advice please

Pro Hoc Vice · 31-12-2013 9:06pm

If you are not happy, cancel the agreement and pay off any outstanding bill. Simple.

Kenny Gofuk · 31-12-2013 9:25pm

Sorry let me explain...

My questions remains, that by my signature ,
I agreed to terms and conditions that were not made fully aware to me. So am asking am is it a legal binding agreement.

I have been invoiced on occasion for goods that I know I never requested.
These were said to have been 'collected and put on my account' but not by me.

As mentioned the store has a no signature policy so I don't know who got the goods that I am now being asked to return or pay for

K.Flyer · 31-12-2013 9:35pm

If it said on the form that by signing the form you have read and agreed to the terms and conditions (which very few people ever read fully anyway) Then You are Affirming that You did indeed read the T & C of the contract and that you agreed to them.
The onus is on you to satisfy yourself that You are happy with all aspects of the contract including T&Cs before signing.
Edit:
But that does not prevent you from raising an invoice dispute for goods that you say were not ordered or received by you.

Pro Hoc Vice · 31-12-2013 9:43pm

Kenny Gofuk wrote: »

Sorry let me explain...

My questions remains, that by my signature ,
I agreed to terms and conditions that were not made fully aware to me. So am asking am is it a legal binding agreement.

I have been invoiced on occasion for goods that I know I never requested.
These were said to have been 'collected and put on my account' but not by me.

As mentioned the store has a no signature policy so I don't know who got the goods that I am now being asked to return or pay for

You are asking two questions, in the first there is case law going back a couple of hundred years saying you accepted the terms and conditions.

The second is a little more complex and depending on the facts you may or may not be liable. If it's a real situation seek legal advice.

Kenny Gofuk · 31-12-2013 10:12pm

Thank you for replies.

I believed that because I was not given a copy of the documents that I signed that it was not a binding agreement.
I was therefore shocked that I had given the store so much authority.

I guess a lesson has been learned - DO NOT SIGN YOUR NAME ON ANY FORM WITHOUT READING IT!

Carawaystick · 01-01-2014 9:08pm

If you signed a form agreeing to the terms overleaf, and the back of the page was blank, then you've agreed to those terms, i.e. No terms

Olley vs Marlborough court hotel outlines terms introduced after the contract is made

Pro Hoc Vice · 01-01-2014 9:18pm

Carawaystick wrote: »

If you signed a form agreeing to the terms overleaf, and the back of the page was blank, then you've agreed to those terms, i.e. No terms

Olley vs Marlborough court hotel outlines terms introduced after the contract is made

In Olley the clause was in the form of a sign in the bedroom. In this case the terms and conditions while not on the back did exist. I can see the argument and in front of the right judge or as a bargaining chip could work and is worth getting legal advice on.

Carawaystick · 01-01-2014 9:20pm

infosys wrote: »

In Olley the clause was in the form of a sign in the bedroom. In this case the terms and conditions while not on the back did exist. I can see the argument and in front of the right judge or as a bargaining chip could work and is worth getting legal advice on.

Isn't "in the bedroom" the same as "on a different sheet of paper" not known about at the time of signing?

Pro Hoc Vice · 01-01-2014 9:26pm

Carawaystick wrote: »

Isn't "in the bedroom" the same as "on a different sheet of paper" not known about at the time of signing?

Depends was the existence of the condition brought to the attention before going up to bedroom. As I said I can see the argument but way more information would be required for any solicitor to give a full opinion.

johnnyskeleton · 02-01-2014 7:58pm

Kenny Gofuk wrote: »

I guess a lesson has been learned - DO NOT SIGN YOUR NAME ON ANY FORM WITHOUT READING IT!

That's not the lesson at all. The lesson is, if someone is fraudulently using your store credit card, you should complain to:

Garda National Bureau of Fraud Investigation,
Harcourt Square,
Harcourt Street,
Dublin 2.

Once a Garda complaint is made, you may be able to claim against the credit provider's insurance (if they have some) or your own home insurance (if you have it), or if the fraudster is brought to court, they may offer compensation for the value of the goods stolen.

Bepolite · 03-01-2014 8:39am

Carawaystick wrote: »

If you signed a form agreeing to the terms overleaf, and the back of the page was blank, then you've agreed to those terms, i.e. No terms

Olley vs Marlborough court hotel outlines terms introduced after the contract is made

Didn't this deal exclusively with exclusion clauses?

seb65 · 03-01-2014 8:50am

Carawaystick wrote: »

If you signed a form agreeing to the terms overleaf, and the back of the page was blank, then you've agreed to those terms, i.e. No terms

Olley vs Marlborough court hotel outlines terms introduced after the contract is made

I would agree. However, since the signing, the OP requested the T&Cs, received them and may have subsequently affirmed the contract through his/her actions.

Goat the dote · 03-01-2014 9:15am

Op if you didn't read the t&c or query where they were them you should not have signed a document that stated you read & agreed to them

Is a Store Credit Application form a legally binding agreement?

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