internet purchase

honeymooney

firstly i'd like to apologise if i've posted this in the wrong section as i'm new to this and not sure where else to post it.

I ordered a laptop from the the sony website. it was a sony vaio laptop from the clearance section.

When I ordered it online the money was taken from my account the following day but I've waited a week and have still not received the laptop.

I rang customer services and they tell me that the laptop is no longer available and will give me my money back, am i legally entitled to ask them for the laptop that they have adverised on the site as it can be purchased if i bought it new...

McKneff

In a word No,

How can you legally ask for the laptop if it is no longer available,
they havent got it so yu can't have it.

Donnie

McKneff wrote: »

In a word No,

How can you legally ask for the laptop if it is no longer available,
they havent got it so yu can't have it.

If a contract has been formed, you are quite wrong. The question is, has a contract been formed?

ChiefGrasscutter

A contract is formed when
Stage 1: The supplier offers a product/service whatever...
Stage 2: You the customer accept the details on offer and place an order
Stage 3: (the one everyone forgets) the supplier then has to make a formal confirmation of the order the customer has placed back to the customer.

The last stage is how suppliers 'get out of a mess' when they have mispriced a product in a shop, online, where ever for £5 when it should have been £500
So a contract will exist if all the above; particularly stage 3 has happened

Regardless of whether a contract exists I'm sure that somewhere within the T&C's of the supplier in this case there will be some clause to effect that they reserve the right to substitute different goods if the item is no longer available - and this will of course include returning your money to you. Virtually a standard clause within the retail consumer market I would have thought where such provisions as the unfair contract terms acts apply.
(My expertise is within the industrial business to business sector where rules/regulations are different)

robmcdougal90

Which laptop was it?

Donnie

ChiefGrasscutter wrote: »

A contract is formed when
Stage 1: The supplier offers a product/service whatever...
Stage 2: You the customer accept the details on offer and place an order
Stage 3: (the one everyone forgets) the supplier then has to make a formal confirmation of the order the customer has placed back to the customer.

The last stage is how suppliers 'get out of a mess' when they have mispriced a product in a shop, online, where ever for £5 when it should have been £500
So a contract will exist if all the above; particularly stage 3 has happened

Regardless of whether a contract exists I'm sure that somewhere within the T&C's of the supplier in this case there will be some clause to effect that they reserve the right to substitute different goods if the item is no longer available - and this will of course include returning your money to you. Virtually a standard clause within the retail consumer market I would have thought where such provisions as the unfair contract terms acts apply.
(My expertise is within the industrial business to business sector where rules/regulations are different)

Nearly right. If a contract has been formed, they have to supply the goods. Returning your money won't be an option(unless the buyer chooses that option).
If it were a misprice, the supplier may reserve the right not to fulfill the order. But it was not.
So the question is still...was a contract formed?