----- Original Message -----
Sent: Wednesday, January 09, 2002
12:27
AM
Subject: Re: [ukha_d] Small
Claims
Yes you can if you want, here you are
Kodak Ltd
Legal Department
Kodak House
PO Box 66
Station Road
Hemel Hemstead
HP1 1JU
Dear Sir
Kodak Web Offer of DX3700 Special Deal for
£100
I recently purchased a Kodak DX3700 Digital Camera, from your website as
a
DX3700 Special Deal for the advertised price of £100. You confirmed the
purchase of this Special Offer KODAK Order W-05-xxxxx by e-mail on
07/01/2002, which contained the wording
Below is a summary of the items on your order. Please keep this
message
as your receipt of the purchase
You state that the e-mail is a receipt of purchase, therefore I have a
contract of sale with you.
You have then sent me an e-mail on 08/01/2002 stating that you will not
be
fulfilling my order, as the price was wrong. I do not believe that you can
do
this as we have a contract of sale at the original agreed price of £100
plus
shipping of £4.99.
I have taken legal advice from both my Solicitor and from my local
Trading
Standards department and they both confirm that I am entitled to the goods
at
the original advertised price, as your confirmation of the order is a
receipt
of purchase (as you also state) and thus there is a contract of
sale. I
therefore expect expedient delivery of my goods.
Should you fail to honour our contract, I am advised that I should sue
Kodak through the Small Claims Courts for loss of bargain plus costs, which
I
will do.
I look forward to hearing from you soon.
Yours etc
Alancc <alan.cc@xxxxxxx> wrote:
Can
we use a copy of the letter
Alancc
----- Original Message
-----
From: musashi1977uk <musashi1977uk@xxxxxxx>
To:
<ukha_d@xxxxxxx>
Sent: Tuesday, January 08, 2002 8:02
PM
Subject: [ukha_d] Small Claims
I have spoken to our
Corporate lawyers today and to Stoke-on-Trent
Trading standards about my
DX3700 digital camera. The lawyers have
looked at the e-mail
confirmation
and confirm that there is a
contract of sale under english consumer law.
Trading standards have
also confirmed that there is a contract of sale
and have advised me
to:
1. Write to Kodak insisting that they fulfil
my order as placed
(enclosing a copy of the confirmation e-mail).
2.
If Kodak fail to fulfill their end of the contract then I need to
sue
them in the small claims court for the difference between the
original
contract price (£100) and the current offer (£329) which
is
£229.
My letter to Kodak went in the post tonight and am
awaiting their
response, in the mean time I will be going down to the
Courts
tomorrow to get the relevant paperwork ready.
Simon
Rafferty
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