Microwave order not being honoured

bertiebat

I bought a microwave from a proper online shop for a discounted price on 11th Aug and received a confirmation email worded as such:

We have received your order dated 11-08-2010 13:27. It is now awaiting processing and will be dispatched shortly.

To confirm the order, we have listed the products below:

1 x PANASONIC MICROWAVE ?????

The total amount to be debited from your Mastercard card is ?????.

(Note I have replaced the model and price of the item but these were given in the email).
I heard nothing since and therefore sent an email yesterday querying when I might expect to receive the microwave. I've had a phone call today saying that they no longer have that model and can't complete the order.

They do have the exact same model currently advertised on the site (for £80 more) and I pointed this out. They then said that I can pay the difference if I want and what I had purchased was no longer in stock. I suspect they were selling a graded item as a one off and , but this was not on the description (I have a copy of the original web page with price and description).

The person in charge today is adamant that they are not in the wrong as my card has not been debited and is refusing to give me this model for the agreed price. I'm now waiting for a call from his boss (whose email address is on the order) to see if he will honour my original purchase.

Am I right in thinking that I'm legally entitled to get this at the price agreed on the email (it now being over a week later with no further update from them). I certainly know I'm morally entitled!

smcaul

Unfortunately as they have taken no money no contract has been formed, as such they (or you) can withdraw at any time.

Googlewhacker

smcaul wrote: »

Unfortunately as they have taken no money no contract has been formed, as such they (or you) can withdraw at any time.

As it is online most likely in there T&C's it says the contract is not formed until dispatch.

So until they actually send the product they can cancel the contract without reprieve at any time

bertiebat

Thank you both for your quick replies.

I have checked their website (peterrhodes) and even though there is a button for the T&Cs the page has no further details.... none on the email either. Does that mean I have no other redress other than taking my custom elsewhere?

Oh well you live and learn. Will wait to hear if boss takes customer service seriously and if not buy a graded item I can see on eBay.

rsykes2000

bertiebat wrote: »

Thank you both for your quick replies.

I have checked their website (peterrhodes) and even though there is a button for the T&Cs the page has no further details.... none on the email either. Does that mean I have no other redress other than taking my custom elsewhere?

Correct As said, no contract has been formed and they are within their rights not to sell you the goods at that price.

unholyangel

Basically in a shop a contract is formed once goods/money has exchanged hands.

In distance selling, no contract exists until goods are dispatched. This is to give companies the chance to manually reject any offers. Once they have dispatched the goods, it is deemed that they have accepted your offer of payment of £x in exchange for x goods.