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Accidental online order

Accidental online order

Postby megaman » Sat Oct 29, 2016 5:54 pm

I recently accidentally ordered the wrong item online.
Normally I would immediately cancel with the online shop or if necessary contact my credit card quoting distance selling regulations and s17 consumer credit act.

However this was on ebay and from a seller who does not appear to be a business so distance selling regulations dont apply.

I remember from my law degree days that a contract has to be entered into intentionally.
However I cannot remember any specific case names which established this.

Can anyone give me a brief overview of what the law is and any case names which i can quote?
also
I immediately contacted the seller (and have proof of this) and contacted my credit card company to explain the situation.
is this likely to be sufficient proof of my intentions if i later have to claim that it was an accidental order?
I also considered buying the item i intended to buy (from a different seller) but am reluctant to do so until i know i will be getting my money back. will doing this strengthen my case?
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Re: Accidental online order

Postby shootist » Sat Oct 29, 2016 7:10 pm

Check eBay rules.
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Re: Accidental online order

Postby megaman » Sat Oct 29, 2016 9:06 pm

shootist wrote:Check eBay rules.


Ebay rules are useless
ebay pretty much takes a "er are a 3rd party nothing to do with us" stance
Their cancellation system is little more than sending the seller a message requesting a cancellation.

Im interested in the point of law i have questioned in case i have to dispute this thru my credit card
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Re: Accidental online order

Postby shootist » Sat Oct 29, 2016 9:53 pm

megaman wrote:
shootist wrote:Check eBay rules.


Ebay rules are useless
ebay pretty much takes a "er are a 3rd party nothing to do with us" stance
Their cancellation system is little more than sending the seller a message requesting a cancellation.


Ebay will nearly always operate in favour of the buyer. If you think that their rules are useless then you haven't tried to use them. If the seller has a 'shop' then they are going to have a hard time saying they aren't a business.
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Re: Accidental online order

Postby megaman » Sat Oct 29, 2016 11:20 pm

shootist wrote:
megaman wrote:
shootist wrote:Check eBay rules.


Ebay rules are useless
ebay pretty much takes a "er are a 3rd party nothing to do with us" stance
Their cancellation system is little more than sending the seller a message requesting a cancellation.


Ebay will nearly always operate in favour of the buyer. If you think that their rules are useless then you haven't tried to use them. If the seller has a 'shop' then they are going to have a hard time saying they aren't a business.


Paypal rules nearly alwasy operate in favor of the buyer
ebay however is different

Also, this seller clearly isnt a business, he only has a handful of feedback and the item is second hand.
It is even described as broken in the listing so i wont even be able to make a paypal claim for defective goods.
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Re: Accidental online order

Postby Hairyloon » Sat Oct 29, 2016 11:25 pm

You could try one of those "had an accident? not your fault?" sites we keep seeing advertised on the television. They are more typically aimed at people who've tripped over their own feet, but I think the same principle applies.
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Re: Accidental online order

Postby dls » Sun Oct 30, 2016 5:56 am

The fundamental difficulty is that the general law says that you did buy it.

If you think about it the essence of ebay is that people get ovrexcited bidding for something and pay more then they intended to. My soon has in the past spoken of 'winning' something online.

At a proper auction, you cannot withdraw a bid once accepted. If you walk out of a shop having bought a lemon, you have no right to go back in and swap it for a grapefruit because you made a mistake.

It is for you to find an exception if it exists. I wish you well, but no obvious solution beyond those already pointed to, sticks out.
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Re: Accidental online order

Postby atticus » Sun Oct 30, 2016 8:42 am

If you purchased the wrong item, will the seller permit you to substitute an order for the correct item?
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Re: Accidental online order

Postby theycantdothat » Sun Oct 30, 2016 12:26 pm

dls wrote:The fundamental difficulty is that the general law says that you did buy it.

If you think about it the essence of ebay is that people get ovrexcited bidding for something and pay more then they intended to. My soon has in the past spoken of 'winning' something online.

At a proper auction, you cannot withdraw a bid once accepted. If you walk out of a shop having bought a lemon, you have no right to go back in and swap it for a grapefruit because you made a mistake.

It is for you to find an exception if it exists. I wish you well, but no obvious solution beyond those already pointed to, sticks out.


The above is my take on the question. Whilst the law requires an intention for a contract to be formed the test is objective. It more or less has to be as otherwise there would be no end of people arguing they never intended to enter into contracts.
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Re: Accidental online order

Postby dls » Sun Oct 30, 2016 3:23 pm

It may well be worth looking at the seller's records to see just how many items are being sold. If enough (I have no idea how many) it may appear that he is trading by way of business.

A core question might be whether things appear to be being bought for the purposes of resale.
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