FWIW the same thing happened to me in the Southampton MachineMart, so it is a bit D-I-Y related.
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16 years ago
OT - d-i-y legal advice wanted
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16 years ago
The receipt you then get includes the name and address. Makes it pretty solid if you need to claim on warranty etc.
Other companies do the same - TLC, for one.
As regards PC World, I've not received any promotional material from them despite having given my name and address. Could be they only sell on their lists, but I doubt it, as that wouldn't make sense. Joining the postal preference scheme is the best way to help avoid junk mail. Unfortunately most of mine is in the form of fliers etc so not delivered by the postman.
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16 years ago
Rubbish. They always deliver when they say they will. They just don't like you.
MBQ
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16 years ago
Your thw one buying it, so give your own details, or just refuse.
MBQ
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16 years ago
However, it is a criminal offence under the Sale of Goods Act (Price Marking Order) to display a false or misleading indication of price.
Owain
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16 years ago
They said that, if I refused, they wouldn't sell me the printer. From an earlier legal comment it seems that they perhaps do have that right, which is a shame!
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16 years ago
In article , Ron Lowe writes
Thanks for such a detailed and clear reply - much appreciated. It seems PC World has all the power. Oh well ... I will not grumble about how the world is.
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16 years ago
There was a case, probably mentioned here, where the customer had paid for the printer and then they asked for details. He refused, and they said he couldn't have the item. He walked out with it, was (I think) challenged by security, and he dared them to stop him (unlawful detention or similar).
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16 years ago
In that scenario, they have already accepted payment. In the OPs scenario they are merely offering to sell him a printer on their terms, one of which being that he supplies personal details.
MBQ
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16 years ago
Not entirely true. He may not refuse on the grounds of race, gender or sexual orientation. The age discrimination laws may extend to this area, also.
BTW, I always refuse to give details in such circumstances, and have never had any reaction other than a shrug.
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16 years ago
No you have the power. You can shop elsewhere.
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16 years ago
Sex? Race? Disability?
(They're not offers by the way...!)
Mathew
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16 years ago
I'm perfectly aware of that, and assumed that anyone with a brain cell would realise the reason. It was just a nice story, and perhaps a way to proceed if one wants to wind them up...say you'll do it after you've paid.
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16 years ago
That's correct: it would be an offence to refuse based on those grounds. But that's not what I said.
I said he could refuse without specifying any reason.
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16 years ago
That's correct: it would be an offence to refuse based on those grounds. But that's not what I said.
I said he could refuse without specifying any reason.
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16 years ago
Yes, I agree.
However, the criminal law ( and any prosecutions resulting from it ) don't alter the civil law contract situation: you can't force anyone to sell if they don't want to.
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16 years ago
Amusing story, yes. Also an intersting legal point.
If you were to attempt the wind-up you suggest: ( say you'll do something after you've paid, then walk. ), then by my reckoning you'd be in breach of contract. A contract is in essence an agreement. And you agreed to provide the details, completed the contract, and then renaged.
Their only remedy would be to sue you for breach of contract.
I strongly doubt thay have any right of remedy by restraining you. The dispute is contractual, not criminal. There's no question of theft involved.
It also raises an interesting point regarding the OP.
As we've established, the shopkeeper may ask for personal details as part of his conditions of sale. The shopper has the choice to accept the terms, or walk away.
What's the legal status of providing false details?
As I see it, it depend on whether the requirement to provide personal details is clearly demonstrated as a condition of sale. This is critical to the agreement you make with the store.
If it is, then you agree to these conditions when completing the contract, they are part of the contract, and providing false details is breach of contract. You have failed to do what you agreed to do.
However, if it's just the checkout assistant asking you for details, and you provide false details, then I doubt they'd have much to stand on if they attempted to sue for breach of contract. You have not knowingly agreed that all banter with the checkout assistant constitutes part of the contract of sale. That would be rediculious. If the checkout operator greeted you with "Good morning, how are you today?" and you lied "Fine, thank you" when you were actaully fantastically hung over, did that conversation form part of the contract? And did your lie represent a breach of contract? Obviously not.
It all comes back to the basic definition of a contract. It's an agreement. And if you never agreed to provide personal details, you cannot be in breach of any supposed contract which may have required it.
IANAL etc etc
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16 years ago
You can't force anyone into a contract if they don't want to, but once they have entered into a contract you can compel them to fulfil their obligations using the remedy of specific implement
The question then becomes at what exact point the contract is formed.
Owain
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16 years ago
A final point...all legal stuff aside, the shop would be unlikely to take court action for breach of contract, although (very theoretically) they could.
People such as DSG already have a pretty bad reputation, but they wouldn't want to drag it any lower.
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16 years ago
This used to wind me up at RS. They will only deal with trade and as I very infrequently buy from them, I don't use much electronic stuff, I don't bother with an account so I always have to take proof that I am in a trade. They never the less still want my deatils for the system despite the fact that the next time I go back and purchase something they wouldn't look up their records and see that I had bought from them before, I would still have to take evidence with me. As a consequence I only ever use them as a last resort. I prefer to del with businesses that actually want me a customer.
Kevin