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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently bought a series of domain names from the Uk's top

Resolved Question:

I recently bought a series of domain names from the Uk's top domain name registration company. However, after confirming ownership, 3 of the names never appeared on my list of domain names.
After contacting the company and endlessly waiting for them to escalate my query, they finally informed me that I would receive a refund for these 3 names as one was a premium name costing several thousands (I had paid £40 with VAT) , the other 2 were subject to an auction.
I believe they vet the names after accepting payment in case someone has registered a really good name and then they don't allow registration of it so it can go back on the market for a premium this despite the fact they have confirmed ownership.
What is my position, please
Thanks
Bern Bowers
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Bern my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether you still have the confirmation and if you actually made payment?
Customer: Hello. yes, Alex. The names came up as available. I made payment and I received confirmation by email acknowledging payment and that I had secured payment.
Customer: And that I had secured the names, I mean.
Alex Watts :

Ok - do you know the cost of getting these domains back?

Alex Watts :

In relation to their terms and conditions, does it say anything about if you place an order and they confirm it, that in itself does not guarantee the domain?

Alex Watts :

Were these domains that were relisted after other people had non paid them or just standard TLD domains which had not been registered?

Customer:

Thanks, Alex.

Customer:

I think my query rests on this one point: in law can a seller reverse a sale after accepting payment? In my understanding this forms the contract and is irreversible. In my mind it would be wholly unreasonable for a seller to be able to retain the right to change their mind, after accepting payment, surely. Reasonably, this could create pandemonium in the markets if the law would allow this.

Alex Watts :

Yes. You need to check the terms though. If the terms say that once payment is made that is a contract (or is silent on the point) then you are ok.

Alex Watts :

If the terms say that even when payment is made, that is not a contract then you are stuck

Alex Watts :

You may remember when Amazon incorrectly priced a load of goods (I think it should have been £500 for a TV or something and they listed it for £50), in their terms they say an order is placed and a contract made ONCE it is dispatched.

Alex Watts :

That means they can cancel it at any time up until dispatch and they are not bound

Alex Watts :

So you need to check the terms very carefully.

Alex Watts :

If it does not have that sort of provision then as soon as payment is taken that is a contract.

Alex Watts :

If that is the case you can sue for loss and damage etc.

Customer:

That's great Alex. I will study up. Many thanks.

Alex Watts :

Can I clarify anything else for you?

Customer:

JUST wanted to say they state the

Customer:

'Purchase' in relation to the time one bought the domain so that km

Customer:

Implies that point is the final sale. They do however state that in case of dispute they are limited to 1 and one half times the value of the domain in compensation which I don't think would hold up in a court of law.

Alex Watts :

No I agree, I think you could claim more

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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