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  • FIRST POST
    • Yokel
    • By Yokel 4th Dec 17, 8:22 PM
    • 14Posts
    • 1Thanks
    Yokel
    Have I entered a contract?
    • #1
    • 4th Dec 17, 8:22 PM
    Have I entered a contract? 4th Dec 17 at 8:22 PM
    Hello,

    Hope this is the right board to post in.

    I ordered a "Walkers Zbox" from Zavvi on 13/09/2017.

    The estimated delivery date showing on my orders information is 11/10/17.

    As this came and went I contacted them saying "It says estimated delivery 11/10/2017. How come this has yet to be despatched?"

    Their response was:

    "Thanks for contacting us.

    I am very sorry for the delay, we are currently awaiting one of the items that make up this great box, this is expected to be with us by the 19th and your order should be dispatched 24 hours later.

    I deeply apologise for the inconvenience and disappointment caused by this.

    I hope this has helped to resolve your query."

    As expected, this came and went and over the course of the weeks that followed I kept getting told different dates; 27th October, 29th October, 10th November, 19th November, 23rd November (I was assured on the phone of this date)... The latest is "this week" which they told me last week.

    They claimed on the phone that they are not subject to the 30 day rule by Consumer Contract Regulations because I have not paid for the item (they take the money upon despatch) and thus have no contract with them?

    But surely my order itself is an agreement between them and I for them to fulfill the order so should be a contract?

    Also, they regularly sell items on their website as "in stock" then claim they are unable to get it from the supplier weeks after the order is placed. Is this legal? To sell something you have no guarantee of providing?
Page 2
    • Yokel
    • By Yokel 5th Dec 17, 7:35 PM
    • 14 Posts
    • 1 Thanks
    Yokel
    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.
    • KeithP
    • By KeithP 5th Dec 17, 7:47 PM
    • 4,716 Posts
    • 3,041 Thanks
    KeithP
    As you wish. Good luck.
    .
    • Anoneemoose
    • By Anoneemoose 5th Dec 17, 8:03 PM
    • 1,774 Posts
    • 2,166 Thanks
    Anoneemoose
    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.
    Originally posted by Yokel
    I'm sorry, but I disagree about the money. I use YNAB and if I spend something, I know it's earmarked and I know I can't spend it again.

    T&C's can't overrule contract law, that is correct. But they are not trying to overrule contract law. Their T&C's are in accordance with contract law. There is nothing illegal with what they have done with you.

    You can inform Trading Standards, I believe, but they don't investigate individual complaints. If however they receive lots of complaints about he same thing, they may look into it.

    You can't force them into sending you something they can't get hold of. I agree the delay is annoying, but you have the option to cancel the order and go elsewhere.
    • societys child
    • By societys child 8th Dec 17, 12:15 PM
    • 4,891 Posts
    • 5,330 Thanks
    societys child
    Now, is anybody here able to tell me whether there is a law against selling items they do not have a guarantee for?
    They haven't taken any money yet, so haven't sold it to you yet.

    • sheramber
    • By sheramber 9th Dec 17, 12:55 PM
    • 3,947 Posts
    • 2,941 Thanks
    sheramber
    The Consumer Rights Act, which came into force on 1 October 2015, says the retailer is responsible for the condition of the goods until the goods are received by you, or by someone else you have nominated to receive them on your behalf such as a neighbour.

    This means that the retailer is liable for the services provided by the couriers it employs - the delivery firm is not liable.

    There is a default delivery period of 30 days during which the retailer needs to deliver the goods to you unless a longer period has been agreed.

    If your delivery is later than agreed and it was essential that it was delivered on time, then you have the right to cancel the purchase and get a full refund.

    If the delivery isn’t time essential but another reasonable delivery time can’t be agreed, you’re also within your right to cancel the order for a full refund.


    So you have the right to cancel the order and get a refund. But they haven't taken the money so all you are left with is the right to cancel the order.
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