If this company rings me up and says they cant give me the matress for whatever reason are they right in saying that, because they have sold me the matress and have sent me a confirmation email, I did recieve a phone call from one of their sales people but I wasnt in to recieve it.
They cant now say oh sorry our mistake we cant supply you the matress...can they?Something I bought online, advice needed?
The difficulty you have is consideration.
The orthodox interpretation of consideration is based on ';reciprocity';; that a promisee (you) should not be able to enforce a promise (to sell you a matress) unless he has given, or promised to give, something in exchange for the promise, or unless the promisor has obtained something in return.
Consideration must be sufficient but it need not be adequate; so that, you may sell your car for 拢5.00 if you wish, but it is the exchange of money which provides the consideration, not its economic worth.
The difficulty you face is arguing that the 拢10 delivery charge is sufficient ocnsideration, both to satisfy the cost of delivery and for the matress. I think it would be an artificial use of language to define ';delivery charge'; as meaning the cost of delivery and the cost of anything it delivers.
Having said that, it would certainly cost the website owner more to defend a claim than it would be to come to some agreement with you, so (if you are brave enough), it might be worth bargaining with the website owner.
One argument is that the 拢10 delivery fee was not the cost of delivery at all, but rather a charge for the transaction as a whole. Even if the website owner claims that it was a mistake, there is still a valid contract which would render him liable for damages.Something I bought online, advice needed?
Most websites have a disclaimer which says no contract has taken place until the order is confirmed. If this site had that clause you have no recourse. The law is about offer and acceptance if one party does not accept or makes no firm offer then no contract has taken place.
just call consumer affairs in that store..they will set you straight..
DO YOU REALLY THINK THEY WILL SEND YOU A MATRESS FOR 拢10.00 THEY WILL TELL YOU TO PAY OR THEY WILL CREDIT YOUR CARD THE 拢 10.00. EITHER WAY YOUR TIME WILL BE WASTED.
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