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At what point does a sale become final?

  • 20-12-2013 11:44am
    #1
    grundie
    Registered Users, Registered Users 2 Posts: 458 ✭✭


    Hello all,

    I was wondering if you could settle an argument. I have searched around for an answer to this question. I have found lots of material relevant to the UK, but none for Ireland.

    Lets say a sale proceeds as normal. Assume there are no pricing mistakes and no unusual terms and conditions applied to the sale. The process has reached the point where retailer has accepted your money and issued a receipt.

    As I understand it at this point a contract has been agreed and the sale completed and the retailer is now obliged to supply the goods.

    Bur what if the retailer wants to back out of the deal? Lets say they just didn't want to proceed for no particular reason and it wasn't because they couldn't get stock or the business suffered a legitimate problem. Can the retailer just go ahead and refund your money (to your card or even just posting you cash) and just say they are cancelling the sale even though you have not agreed to accepting a refund and cancellation of the sale?


Comments

  • #2
    whippet
    Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    check terms and conditions of the sale (assuming these have been issued)

    Contract law would dictate that a contract can not enforce unreasonable terms. So if the retailer was unable to source the stock, or unable to source at a price that would be normal under the agreed conditions etc .. I would say there is no way that the buyer could force completion of the contract.


  • #3
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    So you're talking about mail order I assume not a shop where you have the goods?

    The sale becomes final in the majority of cases, in relation to mail order, when the goods are delivered.

    If you can be a bit more specific about your scenario I'll point you in the direction of the legislation.


  • #4
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    If its in person in a shop then the sale is completed after you hand over the money and they accept it.
    After that if your walking out the door and they say you were undercharged they have no leg to stand on to get you to pay extra...for example.

    If its over the internet, I suppose the sale is really not complete until you actually get the item.
    Until that time the goods could be damaged in transit and returned to the company, they may not have replacement stock and as such may only be able to replace.

    in most cases Terms & Conditions for such sites normally say the sale is complete when they either charge you and/or the item is dispatched to you.


  • #5
    WildCardDoW
    Registered Users, Registered Users 2 Posts: 872 ✭✭✭WildCardDoW


    If its in person in a shop then the sale is completed after you hand over the money and they accept it.
    After that if your walking out the door and they say you were undercharged they have no leg to stand on to get you to pay extra...for example.

    What if they conclude the sale before getting the item and don't have it? It's happened to me once or twice, thankfully they customer took it as no harm no foul and I helped them find a similar item / told them where else to get it.


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