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Breach of contract ?
juicyfruit_3
Posts: 3 Newbie
An on-line retailer has failed to deliver a product as agreed.
The retailer has now decided that he can no longer make delivery as all of their stocks have been sold, despite having received confirmation that my order was “in stock”.
Although a refund of the purchase price has been offered, their failure to deliver has left me at a disadvantage as I am no longer able to purchase another identical item elsewhere at the same price.
Other traders are selling the identical product at considerably greater cost.
The retailer has offered a full refund, but feel that I should reject this on the basis
that a contract to supply has been entered into and the retailer should honour this agreement.
Had the retailer not taken funds, I guess I would have had not had a contract having had not given “consideration” in effect.
Assuming the retailer does not have any more stock, would it not be within the realms of reason to claim “damages” for non-performance and expect to win?
It would not be impossible for the retailer to “buy” a unit from another source at the higher price and supply to me at the price originally agreed.
Although there is also plenty of blah,blah,blah on the terms and conditions regarding"....We reserve the right to withdraw any item from sale, at any point prior to despatch...." but there is also a statement within the retailers terms & conditions that stipulated that ..”funds will not be taken until goods are despatched”. Clearly, a breach has taken place in this case as funds were taken but goods were not in fact shipped.??
The retailer has now decided that he can no longer make delivery as all of their stocks have been sold, despite having received confirmation that my order was “in stock”.
Although a refund of the purchase price has been offered, their failure to deliver has left me at a disadvantage as I am no longer able to purchase another identical item elsewhere at the same price.
Other traders are selling the identical product at considerably greater cost.
The retailer has offered a full refund, but feel that I should reject this on the basis
that a contract to supply has been entered into and the retailer should honour this agreement.
Had the retailer not taken funds, I guess I would have had not had a contract having had not given “consideration” in effect.
Assuming the retailer does not have any more stock, would it not be within the realms of reason to claim “damages” for non-performance and expect to win?
It would not be impossible for the retailer to “buy” a unit from another source at the higher price and supply to me at the price originally agreed.
Although there is also plenty of blah,blah,blah on the terms and conditions regarding"....We reserve the right to withdraw any item from sale, at any point prior to despatch...." but there is also a statement within the retailers terms & conditions that stipulated that ..”funds will not be taken until goods are despatched”. Clearly, a breach has taken place in this case as funds were taken but goods were not in fact shipped.??
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Comments
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Most online retailers usually have something in their T&C's stating that a contract is only formed once the money has been taken and the goods dispatched.
Up until this point they are within their rights to refund you and cancel the transaction.
You will find a lot more info here.
https://forums.moneysavingexpert.com/discussion/32772620 -
There is a sticky thread on this...(follow the consumer rights link) basically you cannot force them to sell to you. They havent got the goods, so they cannot fulfil the contract, you just need to take your money and move on from it.0
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When does the seller state that they can be deemed to have accepted your offer? If it's on dispatch, you won't win any legal battle regarding "loss of bargain".
As far as taking money prematurely is concerned - it shouldn't have happened. However, what is your actual financial loss based on the time you didn't have the money in your account (between them taking the money and refunding it)?Competition wins: Where's Wally Goody Bag, Club badge branded football, Nivea for Men Goody Bag0 -
Strictly, they are unable to accept the OP's offer. There is no contract formed.There is a sticky thread on this...(follow the consumer rights link) basically you cannot force them to sell to you. They havent got the goods, so they cannot fulfil the contract, you just need to take your money and move on from it.Competition wins: Where's Wally Goody Bag, Club badge branded football, Nivea for Men Goody Bag0 -
another genuine 1 poster...always wanting more...Target Savings by end 2009: 20,000
current savings: 20,500 (target hit yippee!)
Debts: 8000 (student loan so doesnt count)
new target savings by Feb 2010: 30,0000 -
tomwakefield wrote: »Strictly, they are unable to accept the OP's offer. There is no contract formed.
Yes I realise that....;)0 -
Understand the position now...
Thanks to all who responded:T
Lesson learned...!
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juicyfruit wrote: »Understand the position now...
Thanks to all who responded:T
Lesson learned...!
...that's what the thanks button and sticky's and search is for to be honest.0
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