RE: [ukha_d] Re: Projector, screen, PC + more for £750

[Martin Wonders <martin.wonders@xxxxxxxxx>]

Doesn't look good then.

I did call their sales department and have the order confirmed item by item
and price by price,=20
but I don't have proof.

oh well, you win some ...etc

Thanks

Martin

-----Original Message-----
From: mark_harrison_uk2 [mailto:mph@xxxxxxx]
Sent: 08 September 2004 12:37
To: ukha_d@xxxxxxx
Subject: [ukha_d] Re: Projector, screen, PC + more for =A3750


--- In ukha_d@xxxxxxx, Martin Wonders <martin.wonders@u...> wrote:
> Yes I got the email.=20
>=20
> Isn't there something in the ecommerce directive, published last year,
> pointing to=20
> the fact that web advertising must be accurate and as such they are
required
> to honour the order?
>=20
> Martin

AIUI, it's required to be "accurate", not "perfect."

The directive is a "don't fib", not a "you must never, ever,
make a
typo" thing.

Assuming that they can demonstrate that they took immediate action to
amend the advertising as soon as they became aware / notified of the
problem, then this is fine.

Now we turn to the question of "do they have to deliver". They
are
only required to honour an order that they have accepted, because
until that point, no contract exists. If you received some kind of
confirmation that thanked you for your order, and confirmed that you
would get the goods, then this is good news for you, since it shows
that they have accepted.

If, on the other hand, you didn't, then all that's happened is you've
made an "offer to treat", and it's up to them to determine
whether or
not to accept. Once they've determined this, and told you, then the
deal must go through.

In any case, were you to sue them, then you would need to show that
you had suffered actual damage as a result of not being able to buy
this. If you haven't paid anything, then clearly you aren't worse off
than you WERE. Only worse of than you might have been, and that's not
good enough.

In any case, by clicking the "buy" button, you have acknowledge
your
acceptance of their terms and conditions, which includes (in term 3):

"Orders may be received by writing, internet, telephone or fax but are
only binding when accepted by Dell in a written Order Confirmation."

Mark





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