Wendelspanswick
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- 6,486
My Bott tool shelves have arrived, I also have the same email.
- Thread starter Burdekin
- Start date
and a hoist which i don't even need.This thread could go on a long time 
5 consignments arrived but no logic to the ones they haven't shipped. They have sent 5 of the 10 BOTT panels I ordered, and 4 of the 5 tins of paint - both of which were stupid prices.
But not shipped a silly little Stanley knife that wasn't that cheap and annoyingly the two 30 piece fixing sets for the BOTT panels that were cheap but not giveaway!
They also have no way of notifying short/part or damaged deliveries, which is a pain as a Gesswein lapping stone I ordered has come snapped in two
I feel this could drag on a bit - my other 5 consignments are showing as advised but not tracked so I reckon they managed to stop those ones before they got out the door and hence the e-mail........
MM
5 consignments arrived but no logic to the ones they haven't shipped. They have sent 5 of the 10 BOTT panels I ordered, and 4 of the 5 tins of paint - both of which were stupid prices.
But not shipped a silly little Stanley knife that wasn't that cheap and annoyingly the two 30 piece fixing sets for the BOTT panels that were cheap but not giveaway!
They also have no way of notifying short/part or damaged deliveries, which is a pain as a Gesswein lapping stone I ordered has come snapped in two
I feel this could drag on a bit - my other 5 consignments are showing as advised but not tracked so I reckon they managed to stop those ones before they got out the door and hence the e-mail........
MM
dazza
Member
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- Barcelona
The angel finder i ordered is the same price now, but i wont demand they send it just incase they want the bin or other bits back.
The main problem is i already told my dad i bought him a hoist and he's very exited.. So he will have to have the one i have received.
The main problem is i already told my dad i bought him a hoist and he's very exited.. So he will have to have the one i have received.
They cancelled my order - problem for them is they took payment and acknowledged the order, we have a contract and if they do not supply the goods I have the right to buy from elsewhere and sue for the difference in purchase price - I feel a bit of fun coming on!
Its not that simple, normally websites limit contract formation as not occurring until the goods are delivered, Cromwell do not appear to do this. In order to form a contract there does need to be intent and this is judged objectively (i.e. it does not matter what the person actually intended it is what a bystander believes they intended) for commercial transactions there is a presumption they intended to contract, this would also be viewed in light of the fact they proceeded to take payment and that they are advertising large discounts across their site as a promotion. In the example of a £1k TV for £10, this is quite extreme and may be sufficient to rebut the presumption. In my case, some filters for a respirator at £0.38 is not that extreme and could be taken to be a genuine offer so its gets a bit of a grey area.
Most websites rely upon the lack of formation due to specifying when a contract is formed, but even that can be challenged if people want to put forward the argument that a collateral contract has been formed which compels the execution of the main contract.
In reality the law is complex with a lot of factors to consider, plus if you take them to the smalls claims court they do not get their legal fees paid even if they win. Whilst I would not support someone putting in a massive order deliberately taking advantage, people putting in smaller orders (which they will probably still make a profit on) should be honoured - plus they should not take money from peoples accounts unless they intend to sell the goods. Also note in their contract if there is an error in the price they will not charge for the goods, but I have been charged!
Most websites rely upon the lack of formation due to specifying when a contract is formed, but even that can be challenged if people want to put forward the argument that a collateral contract has been formed which compels the execution of the main contract.
In reality the law is complex with a lot of factors to consider, plus if you take them to the smalls claims court they do not get their legal fees paid even if they win. Whilst I would not support someone putting in a massive order deliberately taking advantage, people putting in smaller orders (which they will probably still make a profit on) should be honoured - plus they should not take money from peoples accounts unless they intend to sell the goods. Also note in their contract if there is an error in the price they will not charge for the goods, but I have been charged!
dazza
Member
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- 2,203
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- Barcelona
My first order was £18.59 and now the same items would be £71.22.
my second order was £35.42 and now the same items would be £595.22
But the price of the prit stick has gone down by 2p
This has now changed slightly
.1st order £18.59 paid -- goods received £8.80 at todays prices.
2nd order £35.42 paid -- goods received £223.68 at todays prices.
Edit.
Bit disappointed not to get the lathe tool. But my old man will be well happy with the face shield and hoist. And i got loads of hole saws for under a £1 each.
As I said - think this thread may go one for a while 
What is odd is the two items that they have delivered some of but not the full quantity - which is what makes me think some orders got dispatched form a different warehouse before they noticed and cancelled other orders.
Hey ho.......
MM
What is odd is the two items that they have delivered some of but not the full quantity - which is what makes me think some orders got dispatched form a different warehouse before they noticed and cancelled other orders.
Hey ho.......
MM
In a B2B contract that may work, but a limitation of liability clause like that which allows them t6o escape from a bad bargain would probably be held unfair and they would need to pay compensation.
