Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I occasionally buy stuff from dabs, but they have an annoying habit of saying that things are in stock when they aren't. The day after my latest order, I had an automated email to say the estimated time would be 3 days, then the next day another email to say it would be another 3 days, then the next day the same thing.
Anyway, that's not the issue. What interested me was this statement in their automated emails:
Important note: Your order has not yet been accepted at this stage. Only when we confirm our acceptance of your order in writing will a contract exist between us. If we do not accept your order, we will of course refund any payment taken from your debit or credit card.
Is that true? Doesn't really matter in my situation, I'm just curious
Well this is the major problem with contract law. What you are talking about is consideration, offer and acceptance. Its a thorny issue which I wont go into.
In terms of consumer law, sellers are not supposed to advertise products unless they know they exist. There is an element of reasonableness to this. I would fin another seller.
Evidently they treat your order as your offer. As a buyer, your only obligation is to pay the price. The taking of the price in return for the fulfillment by Dabs of your order is incompatable with the notion your order has not been accepted and/or can be refused in such a way as to enable Dabs to avoid the consequences of any breach (no contract = no breach). I doubt the courts wold be keen to judge the contractual position of the parties in so anti-consumer a way as Dabs would like to treat their customers.
Then again offers can be withdrawn at any time up to acceptance. You might want to take advantage of that fact.
If they are actually advertising as 'in stock' then:
Misleading actions
5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).
(2) A commercial practice satisfies the conditions of this paragraph—
(a) if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and
(b) it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
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Cheers, I might try novatech sometime. I tend not to use dabs because of these problems.
I'm not too bothered about whether there site was misleading by saying the item was in stock. It was more just a case of wondering if what they were stating was true.
buying online, contract
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