Discussion Forum: Thread 290084 |
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| | Author: | CalgaryLegoShop | Posted: | May 20, 2021 21:55 | Subject: | Are Orders Legally Binding Contracts? | Viewed: | 165 times | Topic: | Problem Order | |
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| A seller is NRS, and after having a problem ticket filed, is then messaging me
in making threats and saying that orders are legally binding contracts.
*Dispute is over additional charges*
Can I please have some clarity from the community if orders are in fact legally
binding contracts, and if so which legal system governs them, and how are they
enforced?
Thank you kindly,
CBS
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| | | | Author: | alexwilcox | Posted: | May 20, 2021 22:18 | Subject: | Re: Are Orders Legally Binding Contracts? | Viewed: | 67 times | Topic: | Problem Order | |
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| Submitting an Order:
After you registered or logged in at Checkout, you can select how you want to
pay for your order, how you want your order to be shipped, whether or not you
want your order to be insured and also enter any additional comments for the
seller. When you're ready to submit an order, press the "Submit Order" button
on the bottom of the page. For information on how to add items to your order
after submitting it, see section below.
Please remember that submitting an order is a contract. Please submit an order
only if you're serious about buying all of the items in that order. By submitting
an order, you will enter into a legally binding contract to purchase all items
in that order from the seller. Please also read the seller's terms and conditions
before submitting the order. These vary from store to store and it is important
that you understand them. If you have questions which are not answered there,
please contact the seller before placing your order. You can also click on the
"Store Terms" tab at any time prior to checkout to view the seller's terms
& conditions.
After you submitted the order, you will receive a confirmation e-mail notifying
you of the order. If you did not receive an e-mail confirmation, you can check
if the order was properly submitted by going to your Orders Placed page. If your
order was successfully submitted, you should see it listed there.
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| | | | | | Author: | psusaxman2000 | Posted: | May 20, 2021 22:34 | Subject: | Re: Are Orders Legally Binding Contracts? | Viewed: | 71 times | Topic: | Problem Order | |
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| In Problem Order, alexwilcox writes:
| Submitting an Order:
After you registered or logged in at Checkout, you can select how you want to
pay for your order, how you want your order to be shipped, whether or not you
want your order to be insured and also enter any additional comments for the
seller. When you're ready to submit an order, press the "Submit Order" button
on the bottom of the page. For information on how to add items to your order
after submitting it, see section below.
Please remember that submitting an order is a contract. Please submit an order
only if you're serious about buying all of the items in that order. By submitting
an order, you will enter into a legally binding contract to purchase all items
in that order from the seller. Please also read the seller's terms and conditions
before submitting the order. These vary from store to store and it is important
that you understand them. If you have questions which are not answered there,
please contact the seller before placing your order. You can also click on the
"Store Terms" tab at any time prior to checkout to view the seller's terms
& conditions.
After you submitted the order, you will receive a confirmation e-mail notifying
you of the order. If you did not receive an e-mail confirmation, you can check
if the order was properly submitted by going to your Orders Placed page. If your
order was successfully submitted, you should see it listed there.
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OCR is a valid option, but only if the Seller did not formally display all of
their fees in the terms.
https://www.bricklink.com/help.asp?helpID=79
If you did not review the terms before submitting the order, you are technically
under contract to make the purchase. If you do not pay, then I would expect
an NPB to be filed against you. It is the responsibility of the buyer to read
the T&S and understand them. If they are not up to date, then you are able to
file an OCR.
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| | | | Author: | Cob | Posted: | May 20, 2021 23:52 | Subject: | Re: Are Orders Legally Binding Contracts? | Viewed: | 81 times | Topic: | Problem Order | |
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| In Problem Order, CalgaryLegoShop writes:
| A seller is NRS, and after having a problem ticket filed, is then messaging me
in making threats and saying that orders are legally binding contracts.
*Dispute is over additional charges*
Can I please have some clarity from the community if orders are in fact legally
binding contracts, and if so which legal system governs them, and how are they
enforced?
Thank you kindly,
CBS
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Sure they are legally binding, but lawyers are expensive and likely the fee for
1 hour of a lawyer would be more than the value of your order.
So enforcement of the contract is highly unlikely. The typical recourse is handled
through the non-paying buyer section of BrickLink.
https://www.bricklink.com/help.asp?helpID=72&q=npb
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