Fw: UKNM: Another Argos?

[Sharon]

Thanks for your reply John


The email reply was as follows:


    Subject: Your Order Receipt from unbeatable



    Thank you for shopping with Unbeatable, a copy of your order is

attached.


    The majority of our deliveries are made within a matter of days but

please

    allow up to 14 working days.


    Thank you again for your order.


This was accompanied by a text attachment detailing the order placed (ie

billing/delivery addresses and items ordered, and cost)


Does this clarify?



Sharon

www.e-command.co.uk





>

JXEolswang [dot] com on 09/01/2001 11:58:00

> To: uknm

> cc:

> bcc:

> Subject: RE: UKNM: Another Argos?

>

>

Reply-To: uk-netmarketingchinwag [dot] com@INTERNET

>

> Two separate sorts of law, two different answers:

>

> Under public law on misleading price information, Trading Standards can

> prosecute the site which is liable to a fine.

>

> Under private law "is there a contract?", the real answer is "depends on

> what the email said".  In the Argos case, the response to the order was an

> acknowledgement screen saying "thank you for your order which is being

> processed.  All orders are subject to availability" (although web proof

> reading/spell checking being what it is, it actually said "all orders are

> subject to availbility").  It did not say "your order is accepted", so

there

> was a good argument that no contract was formed until a later definitive

> email with order number was sent (which it never was on the �3 TVs).  To

my

> knowledge, one large City law firm (whose employee had been one of the

first

> to spot the mistake and ordered 1000) sent a letter before action to

Argos,

> but they clearly did not think the case was worth taking as, so far as I

> know, the writ never arrived.

>

> So the Argos case never went to court.  In your case, it sounds more

> complicated like:

>

> 1 - what did the email confirmation say - so was there a contract

>

> 2 - if there was, what were the terms - are you bound by their terms of

sale

> which should probably catch the mistake

>

> 3 - and are those terms enforceable - because many terms of business are

> unreasonable and so unenforceable against a consumer (check out the OFT

site

> at and around http://www.oft.gov.uk/html/consume/general.htm#uct for more

on

> this)

>

> John

>

> John Enser

> Partner

> Olswang

> +44 207 208 8716

> www.olswang.com

>

> -----Original Message Snipped-----

>

>

>

>

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> Please replace .co.uk with .com in our

> website and email addresses.

>

> All London telephone numbers changed on 22 April 2000.

> Olswang's switchboard number is +44 20 7208 8888 and

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