Deposit on Guitar. Verbal contract broken.

zibbsy

Hey everyone here!

I put a deposit of £50 on a guitar on the 24th of november, being told it would arrive on the 26/7th, but when I went to collect it on the 27th they said it wouldnt be there for two weeks, the 10th of December; I then called them to be told it hasn't arrived yet. They said the best they could do was call the supplier on Monday to tell me when it will arrive. So they called me this Monday saying it wont be until after Christmas. So I semi-reluctantly said okay. But now I want my deposit back. What are my rights?

The guitar is £369 plus £40 for a case.

Cheers guys

halibut2209

Did you tell them you needed by a certain date. ie a Christmas present?

zibbsy

I didn't mention any dates.
I'm 17 by the way.
So I could say my parents gave me the money to get my own present and I wanted it for Christmas

larkim

I think its being suggested that if you made a delivery deadline part of the contract, then they have failed to comply with the contract and you are entitled to have your money back.

But if you didn't specify a delivery date, then providing they are acting reasonably and aren't just spinning a line, then there is little you can do other than rely on their customer management style.

Matt

zibbsy

Ah I see.
I feel a bit frustrated seeing that I was told the 27th of November at the latest. Would you consider that as breaking the verbal contract?

vax2002

First rule, never pay any deposit you are not prepared to loose.
secondly what make and model of guitar was it that was so rare it has to be imported and made to order ?
The only guitar maker I know of with a waiting list is Rickenbacker and you would not get the chrome knobs for £360.

zibbsy

It wasn't made to order.
It was out of stock.
I'm just asking where I stand here.

Am I right to believe if a product doesn't arrive within 30 days or ordering then the contract is breached?
In other words if it doesn't arrive by the 24th, which they said it wouldn't.
Can I get my money back?

vax2002

What guitar was it, I ask as the singer in my band works for the main importer of guitars in the UK, if it is one of his brands he deals with he will know if it is in stock which may prove the shop right or wrong.
On your money, what kind of receipt did you get and what does it say ?

zibbsy

It's a Fender CD320 ASCE.
I had a hand written invoice. Rather small, with the ordered goods and my telephone on the bottom
Cheers for the help"

vax2002

Right one quick call and it is in stock, they have 107 in stock, unfortunately they do not sell to public .
his advice, get your money back ASAP and buy online, it can be bought from around £360 from dozens of dealers with 3 day delivery
His opinion is as they supply around 80%+ of the guitars in the uk, that the dealer may be on stop for not paying his bill.

zibbsy

Wow, I see.
So where do I stand in regards to my rights?
Do I say, a mate told me there are 107 in stock according to the suppliers?