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lavish · Joined: 28 Jul 2005 Posts: 1 Location: Wales Uk

Hello, first post so go easy

I am trying to figure out something to do with contract's but am getting a bit baffled, I hope someone can correct me if I am thinking wrongly here.

If and advert offered a Pentium 4 processor for £100 and I sent a cheque to them for £100. If they then send me a Pentium 3 processor, then the next a letter saying they had no stock of the P4 and refunded me £20 (the cost difference between a P3 and P4). THe letter also stated that I have 2 weeks to return the P3 otherwise they will assume I was satisfied.
I do not reply within 2 weeks due to various reasons.

Ok that's the problem.

From what I can see the advert was an 'invitation to offer' and my £100 was a offer to buy the P4. The letter they sent back was a counter offer. I did not accept the counter offer due to being silent. There was no contract between me and them. or was there.

I'm lost and confused. hope someone can confirm or correct me

cheers

Lavish

ianba · Joined: 26 Feb 2003 Posts: 30

According to section 14 of the Sale of Goods Act 1979, you are entitled to expect the item that you paid for. If you are sold a different item to that which you were sold, then the seller is in breach of the law. The 2 week notice period has no validity. Check out the Sale of goods act 1979 to get the full details, but you are well within your rights to expect a full refund.