Garvit Pawar (student) 29 March 2013

Consumer rights

On 27th March, 2013 I place an order of two novels, which they displayed as available in the stock, billing 498 with an online mega mart. On 28th March, 2013 they sent me a mail stating that one of the ordered novel is not available with them in the stcok which was their mistake in updating on website, hence order regarding one of my novel was cancelled by them. Later upon that I replied that either you replace the cancelled novel with some other novel or cancel my order completely or exclude me from paying the shipping charges that is rupees 30, because after the canceling one of the novel my bill was 268 (it is the policy of the online mega mart that orders of less than 300 rupees will charge 30 rupees shipping charge) but till now no action has been taken upon it.

Hence now I have few questions:

As I didnot consented on paying shipping charges when I ordered the novels, hence is the contract between us void?

If they deliver the novel, should I accpet the novel, should I pay them the shipping charges?

Any else remedy?

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2 Replies

(Guest)

@Querist,

1.The moment the company said that one of the novel is not available,the contract becomes voidable by you.you can either accept their offer partially or totally or reject it.

2.The moment you asked company to send you other novel instead of that unavailable novel or waive off shipping charages,it becomes a 'Counter offer'.Thereby it's upon the company to reject this counter offer or accept it.

The questions you asked is incomplete yet I try to answer it-

1.Generally Commercial websites have terms and conditions laid down to which a customer must agree while making any kind of transactions. They must have mentioned in their terms and conditions that 'Shipping charges levied exclusively'.As soon as you click on the button to the 'agree' button,you give the consent to that that terms and conditions laid down by the company.

2.Whether you accept that second offer made by the company is totally upon you.

3.Notwithstanding anything contained above, if the terms and conditions has the clause like 'Each item will be considered as a separate order',and you agreed to that terms and conditions,the company,then,may process the order separately and you both are binding parties to that order(which is available).

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Adv k . mahesh (advocate) 30 March 2013

if you have read the terms and conditions and click the button i agree then you are bound what they give and what they say you to pay because they will mention very clearly the terms and conditions should be read carefully

you have said that above 300 only they will not charge means you have to pay the shipping charges for the novel which you ordered for rs.268/-

and it is your wish wheater to accept the novel or not