QLD Australian Consumer Law - Purchase of Gold Online Dispute?

[Rod]

Gold as an investment is a different proposition to a ring bought as a present.

I read the appeal ruling in Royal Diamonds Pty Ltd v Buttle. Though it is only a NCAT ruling and may be appealed.

Much will depend on what you actually know or are deemed to know. Imputed knowledge is likely to be your Achilles heel plus better pleadings in general, and equity in particular by the seller in your instance could see a reversed result.

 

[Emge]

I think "Mistake" may have some role in the defence of the vendor also. Mistake can void a contract where one party has led the other to make it (the mistake), illustrated in Scriven Brothers v Hindley & Co. (1913). Just a thought

 

[jason bourne]

Thanks for your reply Emge.

I have been reading cases for days and Mistake seems to be the only defence. In an obviously biased opinion, I keep reminding myself that the vendor did, in fact, accept my payment and did, in fact, send me an email invoice, confirming the contract.

It was only two hours later that they emailed me quite jokingly saying that they had elves in their system feed of prices, and decided to cancel the contract. If Mistake is their defense, it seems that anyone can just advertise anything on the internet for any price irrespective of what it is, and when they so decide, they can just cancel the contract if they see fit.

Did I know the price of gold? Wouldn't have a bloody clue. Did they know the price of gold? Well, apparently

In their FAQs section, they boast that their pricing is infallible...Whoops....

 

[Emge]

I agree with you, and if it were me in your position, I would definitely be more inclined to see one side of the argument. Does the website provide any T&C's insofar as an order confirmation email differing from contractual acceptance?

I have found a UK based website which explains the difference and how it affects "Online Shopping" however, nothing based in Australia yet. Fair point re advertising and cancelling would mean anyone can cancel a contract if/when they see fit, however the contrary would have it that a typo could have you liable for millions of dollars....

Similar issues arise with Airlines frequently I believe - heard many stories of people booking when the booking computers go rogue however airlines usually refund without much/any consequence.

 

[jason bourne]

The website has terms and conditions down the bottom of the homepage in the form of a hyperlink. But when I bought the gold, I viewed a condensed version of the website on my mobile phone, from where I placed the order, and the condensed version does not have a hyperlink named terms and conditions.

The only way I could complete the purchase was to click on the "I agree" icon, and then it took me to a checkout page to complete the purchase. At no stage did the T and C drop down on a separate page for me to view. The click on icon for "I agree" has to be clicked otherwise a buyer cannot proceed further.

It's a compulsory click-on. At no stage did I see the terms and condition page until the invoice was cancelled by them. I then read the terms and conditions when I got home and used my computer.

I must admit, I am relying on the evolving internet contract law if I do take any action.

This is not the average run of the mill contract, where two people are sitting opposite one another,
and thrash out the terms of the contract, amend it here, amend it there...This is contract by click,
and every website has different terms and conditions and different ways to purchase.

If I was in business and selling on the internet, I would not sleep at night. My feeling is
vendors have to be very very careful.