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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11136
Experience:  30 years as a practising solicitor.
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I need some advice please. I made an offer domain name using

Resolved Question:

I need some advice please.
I made an offer for a domain name using this form:
http://www.3dweb.co.uk/offers.php
I do not want to go ahead with the transaction but 3dweb is demanding payment.
Please advise
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

Was your offer accepted?

Customer: replied 1 year ago.
Here's the email that was replied,
Dear Makis Nichola,Thank you for your offer.Although we have previously received higher bids I would be willing to accept your offer for this domain. To proceed please see our standard ‘Sale and Transfer’ email to follow, this has the all the necessary details you will need to purchase the domain and transfer it to your web host ready to use.Kind Regards,***** *****
Expert:  JGM replied 1 year ago.

I don't think that's a formal acceptance of your offer. He uses the words "would be willing to accept" as opposed to "I accept". He also refers to an email to follow which presumably has terms and conditions attached. So the contract at that stage is conditional on you being prepared to accept those terms and conditions. I think you can effectively defend their demand for payment on that basis. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 year ago.
HiCustomer
Thanks for your reply.
Ive recieved a number of emails after the first email.
The following used the words "We kindly accept your offer""Dear Makis Nichola,We kindly accept your offer.Your order of £1000 (GBP) has been confirmed for the following domainsgrowroom.co.ukWe have now placed the domains on reserve for you, and they can be purchased by using your email at the checkout.To complete your purchase please visit the following link > View Invoice and Pay OnlineUpon receipt of funds to our account we will initiate the domains transfer to you via Nominet, the UK's domain authority of which we are a registered member. You will then receive an email with a secure link to change the domains current registrant details to your own. You will also have the option of specifying your web host or registrar, alternatively you may leave the domain hosted with us.Once you have completed the domain transfer process by adding your details, the new registrant data will be published instantly on the Nominet Whois. You can verify that the domains have been successfully transferred to you anytime here > Check DomainIf you have any questions please feel free to ask but it is a fairly straight forward process.Kind Regards,***** ***** ."Ive left my number if its easier to talkThanks againMakis
Expert:  JGM replied 1 year ago.

Tried to call via system but no answer yet. However the further emails are indicative of a contract: you have an offer and an acceptance. Technically they could sue you if you don't pay. However whether they would in practice is another issue. They may just keep the domain in stock and seek to the next interested buyer. I can't guarantee that obviously but many commercial organisations would find it a waste of time to sue for that amount of money. However the answer to your question is that there is a binding contract based on what you have now told me.

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