Trading Standards help req
Posted by: john rubberneck on 01 November 2003
Hi
Having a little agro with a distance purchase over the internet, just wondered when legal title of goods transfers, I tried my local trading standards office the other day but they didn’t know! The transaction was in England any help would be appreciated.
Stuart
Having a little agro with a distance purchase over the internet, just wondered when legal title of goods transfers, I tried my local trading standards office the other day but they didn’t know! The transaction was in England any help would be appreciated.
Stuart
Posted on: 02 November 2003 by long-time-dead
I believe the title of the goods will changed once payment for the item has been received and the goods have been delivered/received.
With both of these conditions being achieved the sale has taken place and the title should change.
Payment and subsequent non-delivery will leave the title (and the onus for refund, replacement) with the seller.
If goods are supplied and payment is not made (ie. goods issued on agreed credit terms between the two parties) the title will remain with the seller until payment is made within the agreed time scale.
Title will only be with the buyer once goods are received and payment made in full.
If you have paid for goods by credit card and the goods are non-forthcoming or there is a problem with the item on delivery, the seller still has an obligation to resolve the problem. However, your credit card company may well offer assistance or protection in this case - best to check it out very carefully.
In any case, good luck and I hope the situation gets resolved to your satisfaction.
With both of these conditions being achieved the sale has taken place and the title should change.
Payment and subsequent non-delivery will leave the title (and the onus for refund, replacement) with the seller.
If goods are supplied and payment is not made (ie. goods issued on agreed credit terms between the two parties) the title will remain with the seller until payment is made within the agreed time scale.
Title will only be with the buyer once goods are received and payment made in full.
If you have paid for goods by credit card and the goods are non-forthcoming or there is a problem with the item on delivery, the seller still has an obligation to resolve the problem. However, your credit card company may well offer assistance or protection in this case - best to check it out very carefully.
In any case, good luck and I hope the situation gets resolved to your satisfaction.
Posted on: 02 November 2003 by long-time-dead
Forgot to add - if the goods that you are buying are stolen or still owned by another party (HP agreement etc.) then you have no recourse if things go pear-shaped.
Posted on: 02 November 2003 by Mick P
Stuart
There are two things to consider. Risk and Title.
The reality is that if you agreed to to Sellers conditions then you are bound by them, espescially if they are in writing.
If it was a typical deal, ie you send payment and he posts it off, the normal position is that the Title transfers to you the moment he puts it in the post. That applies whether payment has been cleared or not.
The risk remains with him because he has paid for the delivery. Therefore although you own the goods whilst they are in transit, he will have to issue a refund or claim off the courier if it gets lost in the post.
Regards
Mick
There are two things to consider. Risk and Title.
The reality is that if you agreed to to Sellers conditions then you are bound by them, espescially if they are in writing.
If it was a typical deal, ie you send payment and he posts it off, the normal position is that the Title transfers to you the moment he puts it in the post. That applies whether payment has been cleared or not.
The risk remains with him because he has paid for the delivery. Therefore although you own the goods whilst they are in transit, he will have to issue a refund or claim off the courier if it gets lost in the post.
Regards
Mick
Posted on: 03 November 2003 by Tom F
Terms
Mick makes a good point about the need to consult the seller's terms of sale. if the seller was seeking to rely on them they should have been made available to you at the time of purchase (probabaly through a link on the website). To the extent that there are no express terms (either as part of the site or as agreed between yourselves) then the implied terms as to risk and title under the Sale of Goods Act are likely to apply.
Let us know how you get on and don't let these people give you the run-around!
Mick makes a good point about the need to consult the seller's terms of sale. if the seller was seeking to rely on them they should have been made available to you at the time of purchase (probabaly through a link on the website). To the extent that there are no express terms (either as part of the site or as agreed between yourselves) then the implied terms as to risk and title under the Sale of Goods Act are likely to apply.
Let us know how you get on and don't let these people give you the run-around!
Posted on: 05 January 2004 by john rubberneck
Well the card company have refunded the monies and the company in question have now threatened legal action which at the very least will save me the trouble, whether this happens I will see, still I have learnt this for distance selling use the card and make it over the hundred
Regards
Stuart
Regards
Stuart