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T's & C's


  • To: <ukha_d@xxxxxxx>
  • Subject: T's & C's
  • From: "Kevin Hawkins" <lists@xxxxxxx>
  • Date: Sun, 29 Dec 2002 12:17:20 -0000
  • Mailing-list: list ukha_d@xxxxxxx; contact ukha_d-owner@xxxxxxx
  • Reply-to: ukha_d@xxxxxxx

    I wonder if someone could explain to me what "Goods offered subject to
being unsold. In the event of non-availability of goods we reserve the right
to rescind the contract" really means.

    My situation - I bought two different items from an internet retailer .
The company accepted my order , sent a confirmation and marked 'awaiting
picking'. Later they indicated on their web site that both items had been
picked and were awaiting shipping and that the order could not now be
changed. Later still I received a shipping confirmation with a tracking
number and also notice that my credit card had been charged. Next day I
received ONE of the two different items I ordered. I have been unable to
ascertain the whereabouts of the other except that I know that it was not
shipped and I 'suspect' I will be offered a credit.My credit card has been
charged in full. The item has also appeared twice on their website, latterly
at a slightly higher price before being 'sold out' or removed.

    The missing item is mid priced (an lcd monitor) offered at an attractive
but in no way exceptional price. I suspect that retailer has decided that
they should have been offered at a higher price though. What is my situation
? Stupidly I gave another monitor I had bought away as a Christmas present
as this was it's replacement ! (duh !).

    I have spent the best part of two hours  in the call queuing system of
the retailer until I gave up when a quick calculation of the queue position
(which is given) showed that they would be closed before they answered my
call - in 5 hours time !!!! Actually I think they were not taking calls and
my progress up the queue was simply previous callers hanging up.

    Is there a contract here or does the clause at the top of this message
get them out of it ? If so is it a reasonable clause to have in T's and C's
?

    Does "All goods remain <supplier name> property  until paid for in
full" - another 'T&C' help at all ??

    Kevin


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