RE: [ukha_d] NOT A Bargain] Kodak 3.1 Mp camera for £100

["Mark Harrison" <Mark.Harrison@xxxxxxx>]

In terms of "making a contract", the two parts are
"Offer" and
"Acceptance". One party offers to make a deal, and the other
party
accepts. Once this has happened, there is a legally binding contract.
(Of course, it's a good idea to get this in writing, because while a
convesation is enough, it's virtually impossible to prove if one party
wants to default on their obligations.)
=20
In normal (high-street) retailing, the vendor is NOT making an offer by
pricing up goods. Instead, the customer makes the "offer" -
"I'll pay
you =A3199 for a TiVo" and the retailer "Accepts" - "OK
squire, how would
you like to pay?".
=20
As such, if a retailer mis-prices goods, say puts the TiVo on at =A319.99,
and a customer offers to pay that figure, the retailer isn't YET in a
contract. (S)he's only in a contract if (s)he agrees. IE the retailer
can turn round at the till and say "sorry squire - that's a misprint,
it
should be =A3199".
=20
As such, if you OFFER to pay the price, and the website
"ACCEPTS", then
they have a legal obligation to sell you the goods SUBJECT TO THEIR
TERMS AND CONDITIONS, if they have made them available to you. Their
T&C
probably has a clause saying "subject to availablility" or some
similar
weasel words.
=20
HOWEVER
=20
>from
product, and a customer (or for that matter, anyone else) draws it to
their attention, they are obliged to make best efforts (? - possibly
only "reasonable efforts" - although in a shop, it's unlikely
that there
would be a material difference) to provide correct information instead.
=20
Mark Harrison=20
Head of Systems, eKingfisher=20
-----Original Message-----
From: Mark McCall [mailto:mark@xxxxxxx]
Sent: 7 January 2002 10:42
To: ukha_d@xxxxxxx
Subject: Re: [ukha_d] NOT A Bargain] Kodak 3.1 Mp camera for =A3100


Grabbed a copy of the site just before it was changed...
http://www.automatedhome.co.uk/images/temp/kodak.jpg
<http://www.automatedhome.co.uk/images/temp/kodak.jpg>=20
=20
I have the HTML too.
=20
Any "legal" people on this list?  My experience of these things -
like
with ISPs - leads me to think they have a "get-out" clause for
this sort
of thing.  Seem to remember "invitation to treat" as well -
basically I
can put something in my window for sale at 1p but I don;t have to sell
it to you at that.
Another one for the "UKHA Legal Team"?? ;-)