Quick questions on Consumer Rights

elliestuart02

derrick wrote: »

In a word, no, they have not dispatched the goods so no contract is formed.

This comes up regularly and the answer is always the same.

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Ok, so a contract isn't formed when a payment is taken?

wealdroam

elliestuart02 wrote: »

Ok, so a contract isn't formed when a payment is taken?

In this case, no it isn't.

You have quoted the appropriate part of the T&Cs:

The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

As they hadn't dispatched the goods, there is no contract in place.

zickzackduck

I bought 2 tickets for the American Psycho musical when seats went back on sale on the 6th of December. It was hard to get them as the site was very busy with everyone trying to do the same thing.

I managed to get 2 seats, put in my card information, pay for them, but I never got a confirmation e-mail. I then looked at my account later on the site and it said I had no tickets, and the tickets I had bought were apparently gone!

Seeing as the money left my account and was payed into the theatre, me having agreed to all terms and conditions, aren't I owed my seats?

bylromarha

Had a quick search, but nothing I can find on MSE answers my query.

Ordered 3 items from M+S on 3 for 2 Tues 19 Nov.
Items dispatched, card charged.
M+S had labelled the box incorrectly, so it went to the wrong customer. I get a phone call from M+S Fri 22 Nov telling me this as customer had taken my order into a store. V apologetic - fine with me. Mistakes happen. Promised it would be redispatched Mon 25th Nov and arrive by 29th Nov.

No delivery again, and again and again despite dates being given.

Now I've been told 1 of the 3 for 2 items is out of stock. As it was bought on 3 for 2, I've only been part refunded for the OOS item. M+S are adament they cant give me anymore money.

The way I see it - the goods were dispatched, the money was taken. Contract formed, yes? I should have all 3 items for the price I paid. As 1 is now OOS, I want the cost of that item returned or a giftcard to that value so I can try to buy the present instore.

Contractually, is this where I stand? M+S have cancelled my original order - reordered just the 2 gifts, so I can't even get a different freebie on the 3 for 2. And I still don't have ANYTHING from the order.

Any idea of my rights pls?

derrick

bylromarha wrote: »

Had a quick search, but nothing I can find on MSE answers my query.

Ordered 3 items from M+S on 3 for 2 Tues 19 Nov.
Items dispatched, card charged.
M+S had labelled the box incorrectly, so it went to the wrong customer. I get a phone call from M+S Fri 22 Nov telling me this as customer had taken my order into a store. V apologetic - fine with me. Mistakes happen. Promised it would be redispatched Mon 25th Nov and arrive by 29th Nov.

No delivery again, and again and again despite dates being given.

Now I've been told 1 of the 3 for 2 items is out of stock. As it was bought on 3 for 2, I've only been part refunded for the OOS item. M+S are adament they cant give me anymore money.

The way I see it - the goods were dispatched, the money was taken. Contract formed, yes? I should have all 3 items for the price I paid. As 1 is now OOS, I want the cost of that item returned or a giftcard to that value so I can try to buy the present instore.

Contractually, is this where I stand? M+S have cancelled my original order - reordered just the 2 gifts, so I can't even get a different freebie on the 3 for 2. And I still don't have ANYTHING from the order.

Any idea of my rights pls?

Cancel the order under DSR, ALL of your costs should be refunded, if they have not got the stock then they cannot supply it to you.

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bylromarha

derrick wrote: »

Have you got the goods?
When did you receive them?

Cancel the order under DSR, if out of time cancel under SoGA re non fulfillment of order, ALL of your costs should be refunded, if they have not got the stock then they cannot supply it to you.

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I have not got the goods. The goods were sent to another M+S customer, who took them into his local store. But dispatch shows offer + acceptance, yes? All 3 goods should be received from the company at the price paid.

2 of the 3 items are supposedly on their way to me. The 3rd is OOS. It wasnt OOS when they sent the order to the wrong person. M+S long delays mean its is now OOS.

Online order used a £10 off code, which I wont benefit from if I cancel the online order in full and purchase instore in full. Want a giftcard to purchase OOS instore if I can and receive the v delayed posted goods - which had to be posted and not sent to store as per M+S requirements.

clare10a

Is it possible for some advice please?

I purchased a combined DVD/TV recorder from Samsung and it's broken after less than 1.5 years. It's outside of the manufacturers warranty but I read that either under the EU consumer rights protection or sales of goods act 1979, I should still be protected regardless of the warranty period ending under reasonable circumstances.

After writing to Samsung last week, they were very unhelpful and told me they were not prepared to do anything about it. What's the next steps? thanks in advance.

frugal_mike

Did you really buy it from Samsung? Or from a retailer that sells Samsung products?

Your rights are with the retailer you bought from. If the fault is inherent they must repair, replace or refund the tv. Any refund can be partial to account for your usage. They get to pick the remedy that is the cheapest to them.

However since it is more than 6 months since purchase the retailer can require you to prove that the fault is inherent, rather than from accident or fair wear and tear etc.

And remember the manufacturer owes you nothing if it is outside of the manufacturers warranty. It's the retailer you need to speak to.

paddyrg

clare10a wrote: »

Is it possible for some advice please?

I purchased a combined DVD/TV recorder from Samsung and it's broken after less than 1.5 years. It's outside of the manufacturers warranty but I read that either under the EU consumer rights protection or sales of goods act 1979, I should still be protected regardless of the warranty period ending under reasonable circumstances.

After writing to Samsung last week, they were very unhelpful and told me they were not prepared to do anything about it. What's the next steps? thanks in advance.

Forget the 'EU law' thing, it's unclear/usually misinterpreted and actually in the UK we have better consumer protection. You need to ask the shop you bought it from, not Samsung. They will try to bounce you elsewhere but you legal contract is with them. If they aren't helpful get an independent engineer's report that the goods were inherently faulty at time of purchase and the shop would likely pay for repair, or may offer you a partial refund based on the fact you've had use of the telly for some time.

wilwagner

Hi everyone. I have won a action ebay. While contacting seller to pay i've got surprised that no invoice would be supplied for a expensive product costing £ 430 brand new, decide not pay and asking to cancel, however seller deny to cancel e wants payment. How do i proceed?

Thanks