decosta1228
21-11-2004, 21:21
I have a question about what I should do in this situation.
On 17/11/04 I was looking at another forum and found out about an offer on a certain retailers website giving £5 off. The person that posted this on the forum noted that several vouchers could be used on one transaction. I was dubious about whether it would work or be accepted, but off I went to have a go!
I followed the link to the £5 off offer on the retailers website and sent for several vouchers. I checked all the terms and conditions on the website related to the voucher. At no point was anything mentioned about only being able to use only one on each order. All vouchers added to the orders were accepted. I kept screenshots along the way, as I have had problems with orders from various retailers in the past.
I made two orders and recieved confirmation for one order but not the other. The status on the website for both orders was at 'Awaiting Despatch'.
The next day, I had 2 despatch emails, one for each order. Great!
Later that day there was a phone call to my house, and the message left for me was that both orders were cancelled. Also I recieved a snotty email stating that the retailer had noticed my 'exuberant misuse' of the voucher and said 'In case it wasn't clearly stated, you are only entitled to a single voucher'.
Not only was it not clearly stated, it wasn't stated at all! (And I have screenshots to prove this BTW.) Although they have now added the line that says only one per person.
But anyway, fine, the orders were cancelled, no big deal, even though I think they were in the wrong. End of story, I thought.
On Saturday 20/11/2004 I checked my bank account online and noticed that charges for both orders had come out of my account.
What I want to know - is the retailer now obliged to provide me the with the items which I ordered? Or am I just left to chasing up a refund? Obviously I would prefer to recieve the discounted items, but I want to know where I stand legally.
I just looked over their t&c's and it says
Governing Law and Contract Formation
No contract will subsist between you and I Want One Of Those Ltd for the sale by it to you of any product unless and until I Want One Of Those Ltd accepts your order by e-mail confirming that it has despatched your product. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time I Want One Of Those Ltd sends the e-mail to you (whether or not you receive that e-mail).
On 17/11/04 I was looking at another forum and found out about an offer on a certain retailers website giving £5 off. The person that posted this on the forum noted that several vouchers could be used on one transaction. I was dubious about whether it would work or be accepted, but off I went to have a go!
I followed the link to the £5 off offer on the retailers website and sent for several vouchers. I checked all the terms and conditions on the website related to the voucher. At no point was anything mentioned about only being able to use only one on each order. All vouchers added to the orders were accepted. I kept screenshots along the way, as I have had problems with orders from various retailers in the past.
I made two orders and recieved confirmation for one order but not the other. The status on the website for both orders was at 'Awaiting Despatch'.
The next day, I had 2 despatch emails, one for each order. Great!
Later that day there was a phone call to my house, and the message left for me was that both orders were cancelled. Also I recieved a snotty email stating that the retailer had noticed my 'exuberant misuse' of the voucher and said 'In case it wasn't clearly stated, you are only entitled to a single voucher'.
Not only was it not clearly stated, it wasn't stated at all! (And I have screenshots to prove this BTW.) Although they have now added the line that says only one per person.
But anyway, fine, the orders were cancelled, no big deal, even though I think they were in the wrong. End of story, I thought.
On Saturday 20/11/2004 I checked my bank account online and noticed that charges for both orders had come out of my account.
What I want to know - is the retailer now obliged to provide me the with the items which I ordered? Or am I just left to chasing up a refund? Obviously I would prefer to recieve the discounted items, but I want to know where I stand legally.
I just looked over their t&c's and it says
Governing Law and Contract Formation
No contract will subsist between you and I Want One Of Those Ltd for the sale by it to you of any product unless and until I Want One Of Those Ltd accepts your order by e-mail confirming that it has despatched your product. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time I Want One Of Those Ltd sends the e-mail to you (whether or not you receive that e-mail).