Question about online orders, contract and fulfilment or order (company refusing to complete my order)

13 replies
Found 25th Nov 2010
Recently I purchased 4x items on a glitch for a total price of £2.95 (the price was supposed to be £2.95 per item (but one per customer)).
I placed the order and received an email order confirmation which clearly states 4 items for the £2.95 price.
However, the company has only dispatched one which I received the other day and after I emailed asking them they said it was one per customer.
Am I right in thinking that when they dispatched the item there was an acceptance of the order and a contract was formed? Also as they did not contact me prior to dispatching explaining any issues, they are obliged to fulfil the order with the 4 items?

13 Comments

Supermod

Send me a link to the terms.

By the sounds of it if they made you aware prior to contracting it is one per customer then you will possibly have no recourse.

Original Poster

magicjay1986

Send me a link to the terms. By the sounds of it if they made you aware … Send me a link to the terms. By the sounds of it if they made you aware prior to contracting it is one per customer then you will possibly have no recourse.



They didn't email me, it was only after I received one I emailed them. Not sure if there was anything else about one per customer, that's just what they told me on the email they sent me.

It was this: hotukdeals.com/dea…440

But when I ordered 4 it still kept the price at £2.95...I know it's not a lot of money but I would love my bargain X)

EDIT: A big thank you magicjay, resident Lawman of the hukd forum

Supermod

sickly sweet

They didn't email me, it was only after I received one I emailed them. … They didn't email me, it was only after I received one I emailed them. Not sure if there was anything else about one per customer, that's just what they told me on the email they sent me.It was this: http://www.hotukdeals.com/deals/free-sally-hansen-diamond-dazzlers-/797440But when I ordered 4 it still kept the price at £2.95...I know it's not a lot of money but I would love my bargain X)



At any stage before sending the order were you made aware it was one per customer?

Original Poster

magicjay1986

At any stage before sending the order were you made aware it was one per … At any stage before sending the order were you made aware it was one per customer?



Not that I am aware of, but it was a voucher code from a magazine I don't have 'in hand'.
Ah well, I get the feeling I'm being a greedy moo, I just like companies delivering what is on the confirmation emails.

Supermod

sickly sweet

Not that I am aware of, but it was a voucher code from a magazine I don't … Not that I am aware of, but it was a voucher code from a magazine I don't have 'in hand'.Ah well, I get the feeling I'm being a greedy moo, I just like companies delivering what is on the confirmation emails.



Ok. So, you were not actually entitled to the discount? I am just trying to work out whether you have a genuine claim to these items...

You haven't stated when you paid for them.

Original Poster

magicjay1986

Ok. So, you were not actually entitled to the discount? I am just trying … Ok. So, you were not actually entitled to the discount? I am just trying to work out whether you have a genuine claim to these items...



It was a magazine voucher, my friend had the magazine which she gave me, plus the voucher was on the above thread. But my friend had the magazine and gave it to me, so I believe I was entitled to use it.

Original Poster

thesaint

You haven't stated when you paid for them.



18th November.

Supermod

sickly sweet

It was a magazine voucher, my friend had the magazine which she gave me, … It was a magazine voucher, my friend had the magazine which she gave me, plus the voucher was on the above thread. But my friend had the magazine and gave it to me, so I believe I was entitled to use it.



Technically, in some cases, if you didn't purchase the magazine in which the voucher was contained you aren't actually entitled to use it.

Original Poster

magicjay1986

Technically, in some cases, if you didn't purchase the magazine in which … Technically, in some cases, if you didn't purchase the magazine in which the voucher was contained you aren't actually entitled to use it.



OK, fair point, but *if* I had purchased the magazine myself, where do you think I would stand?
It's the email confirmation which makes me wonder if it might be worth asking them again and standing my ground.

Supermod

sickly sweet

OK, fair point, but *if* I had purchased the magazine myself, where do … OK, fair point, but *if* I had purchased the magazine myself, where do you think I would stand?It's the email confirmation which makes me wonder if it might be worth asking them again and standing my ground.



If you were not aware of any terms or conditions then they cannot impose any after the contract was fulfilled so they technically should have sent the items.

However, these are big ifs.

Original Poster

magicjay1986

If you were not aware of any terms or conditions then they cannot impose … If you were not aware of any terms or conditions then they cannot impose any after the contract was fulfilled so they technically should have sent the items. However, these are big ifs.



Thanks, I might give it another go with emailing them, I appreciate your help and learning a bit more about this, good knowledge

Supermod

sickly sweet

Thanks, I might give it another go with emailing them, I appreciate your … Thanks, I might give it another go with emailing them, I appreciate your help and learning a bit more about this, good knowledge



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