Have I entered a contract?

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2

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  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    Yokel wrote: »
    I am on a web browser. The edit post option is greyed out.

    All of us who use the forum use a web browser.
  • Yokel
    Yokel Posts: 14 Forumite
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    I assume they thought I was using tapatalk. Either way I am unable to edit on a browser regardless.
  • Yokel
    Yokel Posts: 14 Forumite
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    @steampowered - I don't want to cancel the order. I just want them to actually honour it and stop lying to me about when they will send it.

    It's annoying also that they take money on dispatch when I ordered it nearly 2 months ago because I knew I had the money available for it. These delays are meaning the money is coming out at a time when I need it more for xmas shopping.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    Yokel wrote: »
    @steampowered - I don't want to cancel the order. I just want them to actually honour it and stop lying to me about when they will send it.

    It's annoying also that they take money on dispatch when I ordered it nearly 2 months ago because I knew I had the money available for it. These delays are meaning the money is coming out at a time when I need it more for xmas shopping.

    You can’t force somebody to tell the truth, either wait for the item or cancel the order, there’s nothing you can do to get it sooner. They may not be deliberately lying, they may have promise dates from their supplier, they pass that information on to you and then their supplier lets them down.

    The bit about the money makes no sense, you had the money available so unless you choose to spend it on something else, which is nobody’s fault but yours, you will still have the money in the account when they try to take it. If you cannot manage your money properly that is not theirs nor anybody else’s fault.
  • steampowered
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    Yokel wrote: »
    @steampowered - I don't want to cancel the order. I just want them to actually honour it and stop lying to me about when they will send it.
    You can't force them to do this unfortunately. You can either cancel the order, or complain and hope for the best.
    It's annoying also that they take money on dispatch when I ordered it nearly 2 months ago because I knew I had the money available for it. These delays are meaning the money is coming out at a time when I need it more for xmas shopping.

    I'm not sure I understand this. It shouldn't matter whether they took the money then or on dispatch. The balance left for your Xmas shopping shouldn't be any different.
  • Yokel
    Yokel Posts: 14 Forumite
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    @fosterdog

    I can manage my money fine so don't be so condescending. It's not that hard to read my post.

    I ordered it knowing I would have the money available in the bank for the date they agreed to dispatch initially. I am not psychic so was not going to expect them to keep on changing the dispatch date on their end (it still shows the original dispatch date on my order page).

    I have had unexpected bills in the last few weeks so the left over money I have is supposed to be set aside for xmas. Not for something that should have been paid for in early October.

    Now, is anybody here able to tell me whether there is a law against selling items they do not have a guarantee for?
  • Anoneemoose
    Anoneemoose Posts: 2,258 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
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    Yokel wrote: »
    @fosterdog

    I can manage my money fine so don't be so condescending. It's not that hard to read my post.

    I ordered it knowing I would have the money available in the bank for the date they agreed to dispatch initially. I am not psychic so was not going to expect them to keep on changing the dispatch date on their end (it still shows the original dispatch date on my order page).

    I have had unexpected bills in the last few weeks so the left over money I have is supposed to be set aside for xmas. Not for something that should have been paid for in early October.

    Now, is anybody here able to tell me whether there is a law against selling items they do not have a guarantee for?

    Others have already pointed out that what they are doing is perfectly legal. So, no, there is no law as such that stops them doing that. Your questions have been answered, just not in the way you want, it would seem.

    I agree with the others. If you have spent (for example) £50 on a gift and that money is earmarked in your bank for that gift, it should be irrelevant what else happens in your bank account.

    In addition to which, can you imagine how annoyed you would feel if they HAD taken the money but not been able to provide it and you had to wait for a refund?
  • Yokel
    Yokel Posts: 14 Forumite
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    I would rather they had taken the money then I would have been able to do more legally. It's not irrelevant as when you plan your money ahead of time you expect it to be as you planned. Not for some company to screw it up. I'm sorry it's so hard to understand that someone who manages their money with certain expectations is annoyed when things mess up due to things outside their control.

    It's nothing to do in the way I want. I'm not being given straight answers. Just contradictory information from different people.

    And no, nobody has answered my question outright. The most said was "T&C's can't over rule contract law. If you accept an offer with intent to follow through on the offer then if you don't you are in breach of contract. You can't try and sell things you can't get your hands on to sell, there can be consequences to this." which contradicts what someone else said.

    So either I am in a contract as the law trumps t and c or I am not. Plus" you can't try and sell things you can't... " reads to me that it is against the law.
  • KeithP
    KeithP Posts: 37,654 Forumite
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    Yokel wrote: »
    I would rather they had taken the money then I would have been able to do more legally.
    Which is exactly why they don't take your money until dispatch.

    Do you understand that the Sale of Goods Act allows both parties to agree when a contract is formed?

    Zavvi proposed, and you agreed, that a contract is concluded as described in post #5.

    It is not a case of their T&Cs overriding your statutory rights.

    SoGA Section 28 refers.
  • Yokel
    Yokel Posts: 14 Forumite
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    Zavvi didn't propose anything to me. It was my understanding from my ordering the item that an agreement to fulfill the order on the date established within the initial order was in place.

    I was not referring to SoGa. I was referring to the Consumer Contracts Regulations. As explained in the OP.
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