need help ! breach of contract?

abba247

Hello
This is my first post and i was wondering if anyone could give me some advice.
I purchased a cooker online from a big electrical retailer which i thought was the on-sale price. I checked the website brought the cooker with my card and received the order receipt and confirmation of the purchase, with delivery details.
The next day the company contacted me to say due to a technical error on that day they cannot complete my order and have cancelled it.
I checked with my bank and the money has left my account but they say they have not taken it and have cancelled the order.

I don't understand why they cancelled the order as I paid £332.99 for the cooker.

I was wondering if this is a breach of contract as the retailer accepted my purchase and i brought the cooker in good faith
and i know online purchases are protected to a certain degree ?

wealdroam

Most online retailers specify that the contract isn't formed until delivery.

What is the name of the seller?

Have a look at their T&Cs to find when the contract is formed.

browneyedbazzi

They can cancel the order and put you back in the place you were before you ordered (ie refund your money). You cannot force them to sell an item to you - it may have been miss-priced on the website or gone out of stock etc. There are lots of reasons why a retailer may choose to cancel an order. Even if the contract was formed when you placed the order (which is pretty unlikely), you'd only be entitled to consequential losses for breach of contract-which I doubt you have or would be able to prove. Best thing to do is go buy a new cooker from somewhere else!

And please please please, for my sanity and that of many others, remember that the past tense of 'to buy' is 'bought' and 'to bring' is 'brought'. If you purchased something you bought it. Not brought.

abba247

hello
just checked their t &c's and it says when the payment is made at the checkout, some strange things on there.
The company is electricshop.com seemed pretty straight forward company but seems their not

abba247

I am new to this and thank you for the english grammar lesson, I can just about manage to type less string a semi-coherent sentence together.
I have three kids under five so yes forgive me for being tired.

wealdroam

In their terms they say...

In the event a product is listed at an incorrect price due to the above (see condition 11) we shall have the right to refuse or cancel any order submitted at the incorrect price whether or not the order has been confirmed. If your payment has already been processed and we subsequently cancel your order, we will immediately issue a refund for the full value of the amount processed.

Not sure that is enough to say that a contract isn't formed until delivery.

Sorry, but I cannot offer any more detailed advice, but this will surely generate much discussion.

bod1467

What will be interesting is their definition of "immediately".

baza52

abba247 wrote: »

I have three kids under five so yes forgive me for being tired.

wait till you have 3 teenagers to worry about.....

Zandoni

browneyedbazzi wrote: »

They can cancel the order and put you back in the place you were before you ordered (ie refund your money). You cannot force them to sell an item to you - it may have been miss-priced on the website or gone out of stock etc. There are lots of reasons why a retailer may choose to cancel an order. Even if the contract was formed when you placed the order (which is pretty unlikely), you'd only be entitled to consequential losses for breach of contract-which I doubt you have or would be able to prove. Best thing to do is go buy a new cooker from somewhere else!

And please please please, for my sanity and that of many others, remember that the past tense of 'to buy' is 'bought' and 'to bring' is 'brought'. If you purchased something you bought it. Not brought.

You are not in a position to correct peoples grammar, take a look at your own.

Jaymo

If they've only debited the funds from your bank account yesterday and aren't willing being helpful for a refund. Call up your bank and ask about a bacs recall to stop the funds and recall them to your account. Will be quicker than trying to get a refund through them if they are being like that.

squeaky

Hi

Have a read of this link from our sticky:

When is an on-line contract formed? (They took my money - but then declined the order)