RE: FW: Shop@Kodak DX3700 Digital Camera

["Mark Hetherington" <mark.egroups@xxxxxxx>]

> DG> I don't see how asking for CC details and entering them in a
database
> and a customer giving authorisation for a specififc amount to be
> taken, can
> not be considered payment. As far as I am concerned, entering my
number,
> expiry date and authorised amount into a database which will connect
to
> another database at another time, is payment.

You could give this same information to a shop merely by handing them your
card, the authorisation of them requesting that amount is also in that
action. Whether or not they swipe it immediately is the issue, not the
transfer of information.

Using your description above, if the card was rejected when the information
was passed to the credit card company for authorisation, you have still
paid.

> If I gave a shop
> two ten pound
> notes and they placed them in their drawer, subsequently taking
> them out and
> giving them back just because they havn't lodged them in the bank
would be
> my anology.

Not really the same at all IMO, more like the money is still in the hand of
the shop assistant, the till drawer has yet to open and the assistant is
trying his best not to offend you while explaining the till is showing the
price to be inaccurate thereby rejecting your offer and making the contract
void.

Ultimately, there is another issue which could prove relevant given the
likely number of orders. Given that they probably do not have that number
in
stock, even if they fulfilled all orders based on current stock levels,
there is a recourse for them to up the price due to restocking and merely
provide you with the right to cancel. Their website states that the stock
levels indicated by their site and the "confirmation" email, may
be
inaccurate so I am surprised they did not just claim this immediately.

Mark.