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Thread: PO Boxes

  1. #21
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    Quote Originally Posted by pearlescence View Post
    While you can consider there is no contract made between you and a customer before they pay a deposit or in full, the law does not see it that way. A contract is formed when both sides agree a deal, not when one side performs their part of the deal.
    You need to study the DSRs
    I'm trying really hard to get my head around this.....but isn't the point of contract when a deposit and thus confirmed agreement is made between you..........until that point nothing is definate...confirmed?? No contract made......??

  2. #22
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    Quote Originally Posted by pearlescence View Post
    While you can consider there is no contract made between you and a customer before they pay a deposit or in full, the law does not see it that way. A contract is formed when both sides agree a deal, not when one side performs their part of the deal.
    You need to study the DSRs
    I think you misunderstand me. The customer does not get my geographical location AFTER they have performed thier part of the deal, but before they do so. I send out deposit invoices all the time and about 30% of the time they remain unpaid, therefore no contract to provide goods has been made.

    To quote the leaflet linked:

    When must I supply this information?
    Before the conclusion of the contract or in ‘good time’, this means that the consumer has sufficient time to act on it when they receive it, for example, to cancel the contract if needed.
    They have all the information from the invoice and can act on it or not as they choose. If they pay, then we are in a contract, if they don't, we aren't.

  3. #23
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    That is not so in contract law. The contract is formed when terms are agreed in law not when one side does (performs in the parlance) what they should do. So a contract may be formed a long time before anyone pays over a deposit. If you and your customer have agreed that you will make a necklace -so - and they have agreed to pay x with an immediate deposit of y% then that is when the contract is formed.
    While in practice you don't do anything until you see their money, in theory if they don't then pay that deposit you could sue on the contract.
    A contract is formed when both sides are in agreement on what the contract involves, NOT when one side or the other performs some of it.
    Author: Pearls A Practical Guide
    www.pearlsapractical.guide
    www.Pearlescence.co.uk

  4. #24
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    When I send an invoice for a deposit following discussion of what the client wants, the invoice has the detailed information about the item I'm making (all my stuff is made to commission, so people can't just buy off the shelf so to speak), price, timescales etc as well as the geographic location. For me, ~that~ is the contract; a written statement of what I will do, how long it will take and what it costs. The client can then think about that for up to two weeks and decide whether or not to agree to the contract.

    In other words, the client gets all the information in a 'durable medium' which it specific to them: http://www.pearne.co.uk/?p=1234

    further, the OFT says that such information on a website is not considered durable:
    http://www.morrlaw.com/news/cooling-off-rights

    So it looks like as long as those of us who don't have a geographic address on our sites make sure the customer gets the information via email or letter, then we aren't in breach.

    But even if I were still in breach, given my neighbours propensity for googling local addresses, I'd still not have my address up on the website. If the OFT want to close me down as a result, so be it.

  5. #25
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    For interest, I've asked for a legal opinion on the subject. It'll take a couple of days.
    I am not a lawyer, but I do know one

  6. #26
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    Well, thanks for that goldsmith. I have no problems with complying with the law. My address has been online on my website for some years with no problems at all and as for your comment
    'I assume that Pearlescence knows the dangers of adding their home/business address on their website as anyone can check out the address online, finding this photo took me a few minutes.'
    You are soooooooooo clever. what a warm feeling posting that pic must have given you
    Author: Pearls A Practical Guide
    www.pearlsapractical.guide
    www.Pearlescence.co.uk

  7. #27
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    I've posted about this before, but here's someone who *didn't* have his address online -
    http://www.thisishampshire.net/news/...nd_by_raiders/

  8. #28
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    The issue comes down to when the contract is formed. To discover that would require an examination of the process you go through in negotiations from invitation to treat to offer and then acceptance. It depends on who makes the final offer and who accepts it - do you with your letter detailing what you will do or does the client when they send money? It may be that in your case you are negotiating outside the website altogether in which case the DSRs may not apply.
    (Note that the two websites are not official OFT websites, they are solicitors', and generalised and not legally in any way authoritative (dangers of googling law stuff without legal training)
    I used to teach contract and European law at university
    Author: Pearls A Practical Guide
    www.pearlsapractical.guide
    www.Pearlescence.co.uk

  9. #29
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    Having read your post Peter, I don't intend to add my address to my website. It's only ever a problem when people want to visit my studio but as I don't want people coming without an appointment, that's fine. I've never had any customers complaining about the lack of an address and I get loads of orders.

  10. #30
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    Quote Originally Posted by pearlescence View Post
    Lots of businesses online are in breach of the Distance Selling Regulations.
    Including you it would seem.

    Your website states "You can cancel your contract to buy any item selected from this website within 7 days of purchase. I will return your money once you have returned the goods in the condition in which they were supplied to you"

    Yet the Distance Selling Regulations that you keep posting says with regards to cancellation rights "Seven working days (not including weekends or bank holidays) after the day on which they receive the goods". Purchase date is surely the date you paid for the goods ie "purchased" rather than when you physically received the goods - your statement is misleading to the consumer

    It also states that "the retailer must refund the full amount including the delivery costs as soon as possible after the consumer cancels, and in any case within 30 days at the latest. You cannot insist on the goods being received by you before you make a refund" Yet you state that you will not return the money until you have recieved the goods which surely is a breach of the regulations?

    Also you say that you do not offer refunds on earrings yet in the full guide (link below) rather than the brief one you linked to http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf on page 24 3.41-3.44 it clearly states that you have to
    Last edited by Myosotis; 08-01-2013 at 02:29 PM.

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