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AboutBaby.co.uk On Sedo Auction
- Thread starter retired_member6
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You are right Paul,
Offer or Invitation to Treat?
By way of example, an offer is made when one party proposes to another that it should buy a particular item on particular terms, including the precise nature of the item, the price to be paid, the mode of delivery and the date of payment. An offer must not be confused with an invitation to treat. The latter is an intimation by one party to another that it may be willing to do business in relation to a particular article on particular terms and that the other party, if interested should make the first party an offer in relation thereto. This can be a very subtle distinction but is, from the contractual perspective, a crucial one. For example, perverse as it may sound, if you go to the check-out in a supermarket with a basket full of items of food and drink, the person at the check-out, if he/she were very well informed about the nuances of the law, would be fully entitled to turn you away and inform you that the supermarket does not wish to accept your offer for those items. Indeed, the items that you see with price labels on the supermarket shelves are deemed by the law to constitute invitations to treat not offers and therefore not capable of acceptance by the customer. In summary, you cannot accept an invitation to treat and thereby conclude a contract.
Acceptance - when does it occur and what are the effects?
This brings us on to the final element, acceptance. Let us assume that there is a proper offer on the table. For example, A offers B to sell him his car for £10,000 p.a. plus delivery costs of £250. Let us also assume that this offer is acceptable to B. The question then arises of how B can accept this offer. Again in the traditional environment, this would usually be achieved by both parties signing a document containing those and other relevant terms or, possibly by an exchange of correspondence. The moment of acceptance would generally determine not only the time the contract was entered into but also, if nothing contrary were stated in the terms of the contract, the nationality of the laws that would apply to the contract and the jurisdiction that would be the appropriate forum in which any disputes would be adjudicated. This can become very important if the 2 parties are in different countries with different legal systems. Most contracts avoid the risk by expressly stating the choice of law and jurisdiction. Readers should note the difference between an acceptance and a counter-offer. For example, if in response to A's offer above, B were to write back and say, "yes I accept your offer to sell me the car for £10,000 including delivery, that would not constitute acceptance as the terms are not identical and therefore at this point no contract would enter existence.
On-line Acceptance
With the advent of the online world, the law of contract has not altered; rather it has had to apply the existing concepts to a new medium. There are two mainstream ways of concluding a contract online...
source: http://www.sghlaw.com/it/articles/contract-online.html
Offer or Invitation to Treat?
By way of example, an offer is made when one party proposes to another that it should buy a particular item on particular terms, including the precise nature of the item, the price to be paid, the mode of delivery and the date of payment. An offer must not be confused with an invitation to treat. The latter is an intimation by one party to another that it may be willing to do business in relation to a particular article on particular terms and that the other party, if interested should make the first party an offer in relation thereto. This can be a very subtle distinction but is, from the contractual perspective, a crucial one. For example, perverse as it may sound, if you go to the check-out in a supermarket with a basket full of items of food and drink, the person at the check-out, if he/she were very well informed about the nuances of the law, would be fully entitled to turn you away and inform you that the supermarket does not wish to accept your offer for those items. Indeed, the items that you see with price labels on the supermarket shelves are deemed by the law to constitute invitations to treat not offers and therefore not capable of acceptance by the customer. In summary, you cannot accept an invitation to treat and thereby conclude a contract.
Acceptance - when does it occur and what are the effects?
This brings us on to the final element, acceptance. Let us assume that there is a proper offer on the table. For example, A offers B to sell him his car for £10,000 p.a. plus delivery costs of £250. Let us also assume that this offer is acceptable to B. The question then arises of how B can accept this offer. Again in the traditional environment, this would usually be achieved by both parties signing a document containing those and other relevant terms or, possibly by an exchange of correspondence. The moment of acceptance would generally determine not only the time the contract was entered into but also, if nothing contrary were stated in the terms of the contract, the nationality of the laws that would apply to the contract and the jurisdiction that would be the appropriate forum in which any disputes would be adjudicated. This can become very important if the 2 parties are in different countries with different legal systems. Most contracts avoid the risk by expressly stating the choice of law and jurisdiction. Readers should note the difference between an acceptance and a counter-offer. For example, if in response to A's offer above, B were to write back and say, "yes I accept your offer to sell me the car for £10,000 including delivery, that would not constitute acceptance as the terms are not identical and therefore at this point no contract would enter existence.
On-line Acceptance
With the advent of the online world, the law of contract has not altered; rather it has had to apply the existing concepts to a new medium. There are two mainstream ways of concluding a contract online...
source: http://www.sghlaw.com/it/articles/contract-online.html
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I'm putting you on ignore as you have serious attitude! And why post once when you can do 5 in a row? Are you sure you never had another logon called norville?
p.s. shame I missed the unedited post.
Look I aint done nothing wrong, I don't even feel bad about this, it's you that mucked up and failed to understand the processes, I suggest you have a sit down and have a read about sedo before you use it again, and save someone else getting an undeserved ear bashing, i'm sure Rob nor Paul would have taken your outburst lightly but they may well have handled it better and just ignored you.
As for sorting things out, aint nothing to sort, it's a domain sale, nothing more nothing less, if someone's got the hump, that's their problem, i done things by the book, aint dont nout wrong. ignore who you wish to, it'll certainly save me eyeache not having to read your abuse and confusion in future. Your first post on this matter wasn't exactly too clever now was it.
Crikey, what a week, one joke and now someone who's never heard of sedo auction, if pigs flew i'd go shoot one and claim my prize, a week in maudsley...
Lee
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I'm putting you on ignore as you have serious attitude!
serious attitude? christ have you read your first post on this. launch an attack on what I've done, an action by me which is perfectly normal and acceptable, nah I aint in the wrong. You are.
End of. Pay up or not but others are watching.
Lee
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Exactly where in my initial post was the "attitude" and bad mouthing?
If you read it sloooooowly it is having a go about the sedo process and a scenario at the end. There was no attitude to you.
I said I was not happy about the fact I had made you an offer then you start touting it around and asking people to gaurantee bids if you put it to auction.
I was willing to go through with the sale as stated before, even tho' it appears I don't have to, but you have given me many a reason why not to.
If you read it sloooooowly it is having a go about the sedo process and a scenario at the end. There was no attitude to you.
I said I was not happy about the fact I had made you an offer then you start touting it around and asking people to gaurantee bids if you put it to auction.
I was willing to go through with the sale as stated before, even tho' it appears I don't have to, but you have given me many a reason why not to.
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Yes I touted for bids on the forum, before I took it to auction and after. You're just sour, read the above post again, you just slated me for my perfectly acceptable actions AGAIN. All you had to do was check whois, make an offer and you'd have the domain now. You had a go at what i did, when it was perfectly acceptable, if you can't see that's why i replied the way I did, then who cares. Complete the bid or not, put me on ignore or not, just leave me alone and do whatever, i'll get answers through sedo.
If my attitude stinks, then frankly yours does too, you started this, now end it and leave me alone. I did nothing wrong, looking for bids before going to auction, nothing wrong, posting up it's gone to auction, again nothing wrong. I'm happy still, read up on sedo and come back when you've got a clue. if the sale aint cosha then sedo have a lot of explaining to do and owe me money, I wnat to see what the text was I saw, because I missed the bit where I was gambling on losing the sale as I would have done in asking for more money.
Lee
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FWIW Lee, I agree with you - you've done nothing wrong in sending the DN to auction and also advertising the auction here - you own it and are entitled to do this. This is a Sedo 'feature' that I've used a few times in the past, with good end results (i.e. higher sold price).
Sedo will pursue all means to complete the sale (which AFAIK is legally enforceable if it fails) and who knows you may end up getting higher and newer bidders and if you don't at least your initial bid serves as a reserve price.
G
gimpydog
As I understand it, according to the sedo T&Cs, the initial offer is binding for 7 days. This is stated clearly when an offer is made & before you press the 'confirm' button.
BEFORE that period expires, the seller may choose to start an auction. This auction ends slightly before the 7 days of the initial offer. Thus if there are no bids at auction, the seller is obliged to accept the initial offer, but if there are bids at auction, the domain is sold to the high bidder at auction & the initial offer is therefore declined.
All the posts above only highlight the need to read the small print before entering into any contract or agreement.
All that aside, I do think the risk of having to compete in auction puts a lot of people off from bidding at sedo, because they presume that they will be outbid, or will cast light on the bargain they have found & will lose it to someone else.
The flip side is that buyers, who have already received a fair offer, can only gain from going to auction - which in turn means more money for Sedo too.
On balance, buyers would do better to deal with the owner directly, if they can.
BEFORE that period expires, the seller may choose to start an auction. This auction ends slightly before the 7 days of the initial offer. Thus if there are no bids at auction, the seller is obliged to accept the initial offer, but if there are bids at auction, the domain is sold to the high bidder at auction & the initial offer is therefore declined.
All the posts above only highlight the need to read the small print before entering into any contract or agreement.
All that aside, I do think the risk of having to compete in auction puts a lot of people off from bidding at sedo, because they presume that they will be outbid, or will cast light on the bargain they have found & will lose it to someone else.
The flip side is that buyers, who have already received a fair offer, can only gain from going to auction - which in turn means more money for Sedo too.
On balance, buyers would do better to deal with the owner directly, if they can.
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I feel bad about this now but someone bid to £160, maybe original bidder... 30 minutes left.
http://www.sedo.co.uk/auction/auction_detail.php?language=e&auction_id=13041&tracked=&partnerid=
Lee
http://www.sedo.co.uk/auction/auction_detail.php?language=e&auction_id=13041&tracked=&partnerid=
Lee
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closed at £160, let's hope they pay up.
Lee
Lee
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i hope the buyer knows what they're doing as sedo doesn't. It's a .co.uk and I just got instructions and details for a .com transfer. Sort it out. Also the link is to .com when my account is .co.uk - it's the little things that help.
Lee
Lee
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Be prepared for a possible wait Lee - I sold an .org via Sedo auction about 6/7 weeks ago and the money is only just going in, finally!
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Lee...it's best for you to get in touch over the phone directly with your transfer agent to clear things up.
The phone number of your transfer agent is listed in the email you have received from him/her.
At least you know then there is no misunderstanding about things.
The phone number of your transfer agent is listed in the email you have received from him/her.
At least you know then there is no misunderstanding about things.
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