Buying online - At what point do you have a contract?

skywalker

As the title says, Im having a dispute with an online retailer.

Details are as follows: The online transaction was completed, was sent order ackowledgement & reciept. The transaction was approved by my bank (the bank have told me this) but the company for some mysterious reason havent taken money from my credit card. Im wondering do I have a contract here or not.

Im looking for solid advice here so Id appreciate people not guessing.
Thanks guys & gals.

seamus

You don't have a contract until money has changed hands. Now, whether authorisation to take a payment from your card constitutes this, I don't know, but I wouldn't think so.

Culchie

seamus wrote:

You don't have a contract until money has changed hands. Now, whether authorisation to take a payment from your card constitutes this, I don't know, but I wouldn't think so.

Not necessarily so, will depend on terms and conditions of sale.

For example a purchase order is deemed a legal document, although no money has changed hands.

It will depend on terms and conditions of sale, which should be on their website

skywalker

Does the line "We are supplying this documentation to confirm your order has recently credit cleared and will commence production shortly." in the reciept I recieved have significance here?

Culchie

Hmmm. it's pretty vague. "Shortly" could mean anything.

On the face of it, it looks like a committment on their part to procedure with your order.....however....Sorry to keep going back to their terms and conditions......but it might have a term along the lines of " Good remains the property of X, until full payment has been received " which would carry significant weight.

So again .... it depends.

If you post full terms and conditions, we might be able to give you further advice.

skywalker

Im happy to report that Ive just recieved confirmation from the bank that they recieved payment nearly a week ago & its just a case of one dept not knowing what the other is doing. Now to get back to that manager who was so rude to me this morning & inform him of that fact.

Lads thanks for the help & advice, its much appreciated.

skywalker

Just to ask a related question. If the company offers a refund am I entitled to refuse this & instead push for the goods I originally ordered or a suitable replacement if those cannot be provided?

damien

Well it all depends on a judge really. They say online purchases are invitations to treat so there's no contract until money changes hands but the ITT idea is being re-examined in some quarters. So far though it's only been dissenting judges redefining what is a contract and what is an Intention to Treat.

skywalker

So if I refuse a refund then realistically Im going to have to take them to court to get what I want?


Would the situation be the same had I bought something in a bricks & mortar shop? as in can I refuse a refund in the event of a company offering one instead of supplying the goods, & instead ask for the goods or goods of similar quality.

damien

Ooops sorry, was offering the first question, not the one about refunds.

skywalker

Oh ok cheers. Anyone have any info on the second one?

CJhaughey

I have a problem, I bought all our appliances from a big UK company
amongst the appliances was a Siemens stainless steel dishwasher.
The model offered was a display model and was £100 cheaper.
I ordered and paid immediately, and was told that delivery would take a week.
nearly a month later ( I was allowing for disruption with the ferry strikes).
I ring and ask where the order is after a wait the girl comes back with:
The dishwasher that you wanted was sold and the nearest model is £100 more expensive.
any ideas on what my rights are?