Golf club - bought for £5 - legal position - HotUKDeals
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Golf club - bought for £5 - legal position

qwertyuiop888 Avatar
7y, 4m agoPosted 7 years, 4 months ago
saw a loophole on a website and just bought a fairway wood for £5 online and collected it instore paying only £5. I bought 2 of these from 2 separate stores for £10 in total - I have now collected both clubs. regional manager called me and said I've been cheeky (true!) and threatened police action. Has he got legal position to do that?

(this wood was on offer if I bought a set of irons- but loophole on the website allowed me to collect the wood from instore without requiring to checkout the irons online and I told the people instore I checked out the irons online already although I do have an email confirmation to say I can buy the wood for £5 instore)
qwertyuiop888 Avatar
7y, 4m agoPosted 7 years, 4 months ago
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#1
lol in his face.
#2
Sounds a bit fraud-like to me............
[mod]#3
The key elements to a legally binding contract are:

Offer + Acceptance = Agreement.

You also need to have some element of consideration (your £5).

Items in a shop window are not offering their sale to you...they are inviting an invitation to treat from you. The shopkeeper etc can reject your offer even if it exceeds their asking price.

I would be incredibly surprised if the shopkeeper was able to bring police action against you based on the information you have provided.
#4
ring him back up and laugh at him for working for such a stupid company with incompetent staff
#5
Jumpingphil

I doubt very much whether the police would be interested at all in this.:thumbsup:


+1
#6
It does sound like fraud to me, saying you got the clubs on-line was deliberately misleading them to get something for a price you wasn't entitled to.
#7
but regardless whether I tell them or not I have an email confirmation to say I can buy for £5........I don't think it's a criminal issue anyway.....this is purely contractual...........
banned#8
what would the police do.. you have not stolen anything as you paid money for it and you will have a receipt for them.
At worst its a civil matter, I suspect the manager is trying it on
#9
They can check (and i'd imagine they already have) to see whether you actually bought/checked-out anything online so they know what you've been up to.

No idea what your legal standpoint might be, try the C.A.B.
[mod]#10
qwertyuiop888
but regardless whether I tell them or not I have an email confirmation to say I can buy for £5........I don't think it's a criminal issue anyway.....this is purely contractual...........


...well...unless this loophole isnt legitimate then you will be fine. Contracts formed via the correct methods can be void or voidable dependant on how the item was acquired.
#11
magicjay1986
...well...unless this loophole isnt legitimate then you will be fine. Contracts formed via the correct methods can be void or voidable dependant on how the item was acquired.


loophole is legit as I have an email confirmation to say I can collect from store for £5 and it even has a transaction number.

But just wanted confirmation that this is purely contractual........
#12
I doubt very much you have anything to worry about, this is definitely not a police matter or fraud. This is to do with Sale of goods and contractual law. They let you buy it at that price they can't change their minds now the sale is complete.
#13
qwertyuiop888
loophole is legit as I have an email confirmation to say I can collect from store for £5 and it even has a transaction number.

But just wanted confirmation that this is purely contractual........


This will definitely 100% not give you a criminal record if that is your worry.
[mod]#14
qwertyuiop888
loophole is legit as I have an email confirmation to say I can collect from store for £5 and it even has a transaction number.

But just wanted confirmation that this is purely contractual........


If you are sure then yes, it is then. See my first post.

If you need any further information then drop me a PM.
1 Like #15
I admire the managers [COLOR="Red"]DRIVE[/COLOR] but i think he has a [COLOR="Lime"]FAIRWAY[/COLOR] to go before he can get you on a fraud conviction.Appeal to his better nature and just [COLOR="Indigo"]PUTT[/COLOR] him in the picture of how you managed to find a loop[COLOR="Red"]HOLE[/COLOR] in their system and politely tell him it is [COLOR="Blue"]PAR[/COLOR] for the [COLOR="DarkOrange"]COURSE[/COLOR]. :thumbsup:
#16
Looks like obtaining goods by deception to me. Bottom line.. Does it affect me? No. Therefore... Bovvered :lol:
#17
abacus
I admire the managers [COLOR="Red"]DRIVE[/COLOR] but i think he has a [COLOR="Lime"]FAIRWAY[/COLOR] to go before he can get you on a fraud conviction.Appeal to his better nature and just [COLOR="Indigo"]PUTT[/COLOR] him in the picture of how you managed to find a loop[COLOR="Red"]HOLE[/COLOR] in their system and politely tell him it is [COLOR="Blue"]PAR[/COLOR] for the [COLOR="DarkOrange"]COURSE[/COLOR]. :thumbsup:


rep [COLOR="Red"]FORRRRRRRRRRRRREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE[/COLOR] you :thumbsup:
#18
this initially sounds like a civil matter to me, depends on the "loophole" really.
#19
Curious, what was the loophole, ad how much should the clubs have cost?
[helper]#20
As you have paid for the item I don't think the police will do anything (as dog cop mentioned). Although you may have not have done anthing illegal, you have acted dishonestly by lying and deceiving the shop (but it sounds like you're not too bothered by that...)
#21
Shengis
Looks like obtaining goods by deception to me. Bottom line.. Does it affect me? No. Therefore... Bovvered :lol:


That's what I was thinking, in the first post it says he checked out the irons online (and implies he didn't) and was sold the item on that condition - that comes under the theft act rather than the sale of goods act and is therefore criminal. It depends how far the company are willing to go in pursuing the issue.

John
banned#22
gari189
As you have paid for the item I don't think the police will do anything (as dog cop mentioned). Although you may have not have done anthing illegal, you have acted dishonestly by lying and deceiving the shop (but it sounds like you're not too bothered by that...)


Its no different to trying to buy goods online that you know must be a misprice.

The offer is there - and you accept it. If they accept your offer of payment, job done. If the shop thinks there has been foul play, they would need to take the matter to the civil courts. No criminal offence has been committed.

They say "buyer beware" - this should apply to sellers also! :p
#23
abacus
I admire the managers [COLOR="Red"]DRIVE[/COLOR] but i think he has a [COLOR="Lime"]FAIRWAY[/COLOR] to go before he can get you on a fraud conviction.Appeal to his better nature and just [COLOR="Indigo"]PUTT[/COLOR] him in the picture of how you managed to find a loop[COLOR="Red"]HOLE[/COLOR] in their system and politely tell him it is [COLOR="Blue"]PAR[/COLOR] for the [COLOR="DarkOrange"]COURSE[/COLOR]. :thumbsup:


iseewhatudeidthere
banned#24
ADZ1478
this initially sounds like a civil matter to me, depends on the "loophole" really.


oi keep up even us handlers know a bit of law :w00t:
#25
Legal position is this. Regardless of how you ordered the club, when you collected and paid in store that is them accepting your payment for the goods. That transaction alone is enough proove that the company cannot take any further action.

The issue is with the company not having taken sufficient measures with their system to take account ofcustomers who take up the full offer. Their ordering system was kack basically and flawed which allowed you to carry out the transaction.

The only thing the shop can do is take it on the chin and accept their own flaw is the cause of it, not you.

No criminal offence took place therefore I'd find it hard to believe that the company would call in the police, and even when they did call them, the police will only tell them that its a civil matter between the company and the customer. And no civil court in the land will favour the company under such circumstances.

Enjoy your club mate :thumbsup:
[mod] 1 Like #26
StevenA2000_uk
Legal position is this. Regardless of how you ordered the club, when you collected and paid in store that is them accepting your payment for the goods. That transaction alone is enough proove that the company cannot take any further action.

The issue is with the company not having taken sufficient measures with their system to take account ofcustomers who take up the full offer. Their ordering system was kack basically and flawed which allowed you to carry out the transaction.

The only thing the shop can do is take it on the chin and accept their own flaw is the cause of it, not you.

No criminal offence took place therefore I'd find it hard to believe that the company would call in the police, and even when they did call them, the police will only tell them that its a civil matter between the company and the customer. And no civil court in the land will favour the company under such circumstances.

Enjoy your club mate :thumbsup:


Not necessarily. What if a condition of the offer was one club per customer/person? There is a massive chance that there could be fraudulent misrepresentation in this scenario. Just because the company accepted payment etc does not mean that the contract is legal. Contracts can be void if they should never have taken place (such as agreeing on an item which never existed) or voidable if the contract was formed after misrepresentation by one party (or both). The courts will usually try to put each party in their pre contractual position.
#27
magicjay1986
The key elements to a legally binding contract are:

Offer + Acceptance = Agreement.

You also need to have some element of consideration (your £5).

Items in a shop window are not offering their sale to you...they are inviting an invitation to treat from you. The shopkeeper etc can reject your offer even if it exceeds their asking price.

I would be incredibly surprised if the shopkeeper was able to bring police action against you based on the information you have provided.


magicjay1986
...well...unless this loophole isnt legitimate then you will be fine. Contracts formed via the correct methods can be void or voidable dependant on how the item was acquired.


magicjay1986
If you are sure then yes, it is then. See my first post.

If you need any further information then drop me a PM.


magicjay1986
Not necessarily. What if a condition of the offer was one club per customer/person? There is a massive chance that there could be fraudulent misrepresentation in this scenario. Just because the company accepted payment etc does not mean that the contract is legal. Contracts can be void if they should never have taken place (such as agreeing on an item which never existed) or voidable if the contract was formed after misrepresentation by one party (or both). The courts will usually try to put each party in their pre contractual position.


Damn you're good. Have some rep. :thumbsup:
#28
BTW, what club was it as I maybe interested in it?
#29
magicjay1986
Not necessarily. What if a condition of the offer was one club per customer/person? There is a massive chance that there could be fraudulent misrepresentation in this scenario. Just because the company accepted payment etc does not mean that the contract is legal. Contracts can be void if they should never have taken place (such as agreeing on an item which never existed) or voidable if the contract was formed after misrepresentation by one party (or both). The courts will usually try to put each party in their pre contractual position.


Understand what you are saying, however "What If", and "chance" should be confirmed as fact before putting forward any arguement. It would also be very difficult to proove misrepresentation as it would be one persons word against another.

My answer was based on the facts that the OP had presented. :)
[mod]#30
dcx_badass
That would go well:

Manager: "We want our club back, we believe you got it illegally."
OP: "Sorry I sold it for profit on HUKD."



You learn all that in A level law. :whistling:


...you probably do but I havent studied A level law.
[mod]#31
StevenA2000_uk
Understand what you are saying, however "What If", and "chance" should be confirmed as fact before putting forward any arguement. It would also be very difficult to proove misrepresentation as it would be one persons word against another.

My answer was based on the facts that the OP had presented. :)


..."what if" and "chance" are for the courts to decide.

Let me just say that my response was based on further information that the OP provided in a PM. I will not say anything further unless the OP wants me to.
#32
[QUOTE=dcx_badass]That would go well:

Manager: "We want our club back, we believe you got it illegally."
OP: "Sorry I sold it for profit on HUKD."QUOTE]

Who mentioned PROFIT?
#33
magicjay1986
..."what if" and "chance" are for the courts to decide.


Wrong. The conditions you stated as examples are either stated as part of the offer or not. However thats by and by.

magicjay1986
Let me just say that my response was based on further information that the OP provided in a PM. I will not say anything further unless the OP wants me to.

If the OP is only posting some details and not all then any advice given on the thread can be misguided and inaccurate.

I will re-iterate OP....enjoy your clubs :thumbsup:
[mod]#34
StevenA2000_uk
Wrong. The conditions you stated as examples are either stated as part of the offer or not. However thats by and by.


If the OP is only posting some details and not all then any advice given on the thread can be misguided and inaccurate.

I will re-iterate OP....enjoy your clubs :thumbsup:


Not necessarily. Some conditions can actually be a warranty of the offer and any condition/warranty/term can be excluded from the contract (at the consumers request) based on plenty of scenarios. The OP wants to know if there can be repercussions and I am giving him some reasons why there cant be or can be. Therefore the "what if" and "chance" and "maybe" is appropriate.

If the OP wants to put in this thread what was put to me in a PM then it will clear it all up.
#35
there's no condition to say it's one per customer and the loophole was legit (i.e. I didn't break into anyone's website or computer!)

On my email confirmation it did not state I HAVE to buy the irons in order for the transaction to be valid.......
[mod]#36
qwertyuiop888
there's no condition to say it's one per customer and the loophole was legit (i.e. I didn't break into anyone's website or computer!)

On my email confirmation it did not state I HAVE to buy the irons in order for the transaction to be valid.......


...are you prepared to say what you said to me in the PM about what you consider your position may actually be?
#37
to be honest I'm not too fussed about the clubs........just wanted to know if I'm liable to any criminal liabilities.............
[mod]#38
qwertyuiop888
to be honest I'm not too fussed about the clubs........just wanted to know if I'm liable to any criminal liabilities.............


..if you want me to reply to your PM then you need to clear some Inbox space.
#39
so how does it pan out then?
[mod]#40
loupomm
so how does it pan out then?


...unfortunately I dont think we are going to find out.

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