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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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A customer used an old (obsolete) link to a product on our

Resolved Question:

A customer used an old (obsolete) link to a product on our website, and paid for it by card.
The Product was around £65.
We called him within a hour or 2, and told him that we no longer stock this item, offered an alternative item (which he was not happy with) or a refund.
He then threatened legal action if we did not deliver the product.
We could not source the product, so we refunded him the full amount.
He said that we are in breach of The sales of goods act 1979, section 51 (1) and that according to section 51 (3) he was going to source alternative items elsewhere, and that we were obliged to pay the difference.
He found an alternative that was around £100 more expensive, and says that under the sales of goods act, we are obliged to cover the difference.
he has now issued a claim through the courts, for this value (+ the court costs)
Does he have a case?
Thanks in advance!
Submitted: 8 months ago.
Category: Law
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, do you have any terms and conditions which they need to agree to?

Customer: replied 8 months ago.
there are terms and conditions on the website, but you dont have to click "i accept" or anything.
Customer: replied 8 months ago.
Currently abroad, phone call not really an option.we have this section in our terms and conditions
Termination of Agreements and Refunds PolicyBoth the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Customer: replied 8 months ago.
this section, which may be releventAvailability
All items are subject to availability. Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Expert:  Jamie-Law replied 8 months ago.

Then you dont need to be concerned. Your terms say you can terminate it.

So you can terminate it without worry.

You cant stop someone taking you to Court but your terms should cover you. It can be terminated and refunded.

Can I clarify anything for you about this today please?

Customer: replied 8 months ago.
Fantastic.
So just to be sure - even though he does not need to click "accept terms" they are still relevent?
also, without these terms,we would be liable?Thanks,
Expert:  Jamie-Law replied 8 months ago.

Correct.If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3216
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thanks Jamie, You have been great!Cheers!
Expert:  Jamie-Law replied 8 months ago.

Thanks!

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