Mr. X purchased a ring from a recognized jewelry merchant in the internet. He sent an email to specifically request a 18k white gold ring to be customized with pink sapphires and diamonds. The sapphires and diamonds were to be arranged in the shape of a rose and the phrase “In memory of our 10th Anniversary” to be carved in the inner side of the ring.
The merchant had responded promptly with several designs of the ring.
Mr. X was happy with one of the designs and paid a sum for a unique rose design. Their ways of communication was through emails only.
However, when the ring was delivered to Mr. X, the ring was not of the rose design as Mr.X requested, and nothing was carved in the inner portion of the ring.
Mr. X called up the merchant immediately but the merchant claimed that the delivered ring was the correct design and Mr. X had never mentioned about the inner carvings in the dealings of their transaction.Mr. X showed the merchant the correspondence email that showed his requests.
However, the merchant denied having received any of his requests. Furthermore, the merchant claimed that their transactions through email did not form an enforceable contract. Is it true?
Hence, the emails between Mr. X and the merchant would form an enforceable contract. Where there is no form of acknowledgement required by the merchant, any communication in reply or conduct of the merchant is sufficient to indicate that the email has been received and is deemed to be acknowledged.
In other words, the merchant is deemed to have acknowledged the requests by replying to Mr. X.
Besides that, with the enforcement of Consumer Protection (Amendment) Act 2007, consumers who acquire goods or services through electronic means can file their claims in the Tribunal for Consumer Claims.
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