M&S canceling my order/ delivery

lechat

HI,

I placed an order for a few items of the Reece bedroom furniture range. I received an email confirming that my order has been despatched and it also says "please note, this email indicates our acceptance of your offer to purchase the above."

I received a letter in the post today saying that they are unable to fulfill my order so I will be sent a refund by cheque in the next 7-10days. Online it still says my delivery has been dispatched and to expect delivery around 20th. Apparently the reece line has been withdrawn, I was told last week over the phone when I enquired about delivery but today there is still a bedside cabinet being sold online. I feel like I am being fobbed off and now I have guests coming in 3weeks and I have no bedroom furniture!!

Should M&S be offering me replacement furniture? What are our rights in this and other situations where a company agrees delivery and then changes its mind?

LC

djb215

Because they are unable to fulfill the 'contract' they are fully refunding your order, which effectively terminates your contract with M&S, they aren't legally obliged to replace your order with different furniture, if they do it would be a gesture of goodwill.

It probably would be fair to say that they have withdrawn the lines due to Q.C problems or problems with the supply/suppliers rather than 'changed their mind' about delivery - as for the sale of the bedside cabinet i'm unsure about that one...

Hope this helps a little!

bcl999

Basically djb215 is correct. M&S only need to put you into postion you were in before contract existed.

I wonder what would be the situation if you had disposed of your old furniture to make room for the new stuff after they sent the e-mail saying they had despatched the new stuff. i.e you got your money back but you were in a worse position than before as you now had no furniture which you had got rid of on the strength of M&S saying they had accepted your offer? Anyone know?

lechat

I spoke to consumer direct and they said I could claim loss of bargain if I then found the same furniture at a higher price elsewhere. But it may be impractical to do so. M&S sent me another message saying (this time!) that the cancellation was due to stock and they still had the bedside cabinet on sale because that was in stock, but my other 2items werent so they cancelled my whole order. Which makes me think that when I ordered all my stock was there as they were still selling the range a week later. Very annoying!

phlogeston

bcl999 wrote: »

Basically djb215 is correct. M&S only need to put you into postion you were in before contract existed.

No you are basically both incorrect.

For breach of contract you are entitled to be placed in the position you would have been AFTER the contract was completed.

Please don't quote SoGA, these are additional rights.

Tozer

Agree with Phlogeston. Contractual damages put you in the position you would have been had the contract been performed correctly (i.e. to compensate for the loss of bargain which OP mentioned).

bcl999

Sorry for the duff info - I only briefly touched on tort & contract law during my degree course.