Deposit on Guitar. Verbal contract broken.

Optimist

As you haven't seemed to have put any onus on delivery up to now it would be difficult for you to cancel immediately without putting your deposit at risk.

I suggest you need to write to the retailer and give notice that you require the guitar by a specific date or in other words make time the essence in the contract. Given the previous delays I would suggest you give them 7 days to complete.

Something to the effect of

Dear Sir
Re: order number
On (insert date) I placed the above order for a Fender CD320 ASCE and case with you, for which I paid a £40 deposit. It was agreed delivery would be by (insert date) and then (date) but the item has still not been delivered.
I am now making time of the essence. If I have not received by (whenever), I will consider our contract at an end and will expect you to refund the full deposit to me.

Yours Faithfully

Mr Zibbsy

jonesMUFCforever

As you are only 17 you are not able to enter into any legally binding contract - go back to the shop with either mum and dad - tell them that - wait to get your money back.

halibut2209

jonesMUFCforever wrote: »

As you are only 17 you are not able to enter into any legally binding contract - go back to the shop with either mum and dad - tell them that - wait to get your money back.

An excellent point!

If only you could apply your knowledge of contract law to knowledge of what makes a decent football team.

Optimist

jonesMUFCforever wrote: »

As you are only 17 you are not able to enter into any legally binding contract - go back to the shop with either mum and dad - tell them that - wait to get your money back.

Not quite true, it is actually 16 in Scotland and 18 in England and Wales, and before that they can enter into contracts for necessities.

The definition of which is pretty wide i.e. they can be applied to the lifestyle of a young person.

Is having a guitar part of Zibbys lifestyle ?

However good luck whichever way he goes.

zibbsy

Optimist wrote: »

Not quite true, it is actually 16 in Scotland and 18 in England and Wales, and before that they can enter into contracts for necessities.

The definition of which is pretty wide i.e. they can be applied to the lifestyle of a young person.

Is having a guitar part of Zibbys lifestyle ?

So am I right in saying, as this purchase is definitely NOT a necessity I can't get into any legally binding contract?

btw thanks everyone for your input!

halibut2209

Also, the issue of age aside, a company can only retain actual losses from a deposit. In this case, it's pretty much zero.

Optimist

zibbsy wrote: »

So am I right in saying, as this purchase is definitely NOT a necessity I can't get into any legally binding contract?

btw thanks everyone for your input!

As I say the definition can take into account whether the contract was to assist in your lifestyle it can also take into account whether you understood what you were entering into.

The simple option would be to take one of your parents in to the store as joneslufcforever (sic) said see what happens.

arcon5

Because of his age a contract cannot be legally enforced, thats all. For example, if he took it out on 30 days credit then they couldn't go to court for the remaining balance, however this doesn't affect payments already made.

But ops answer is already here. Send a letter requiring goods by a certain date.

Id say op has a case to consider the contract breached for their non-performance and able to get a refund based on the fact an order they advised would be fulfilled in just days is now taking about 6 weeks.

zibbsy

Alright, cheers for the advice. I'll go down tommorrow and tell them I believe the contract has been breached due to the waiting time being well over-due

arcon5

zibbsy wrote: »

Alright, cheers for the advice. I'll go down tommorrow and tell them I believe the contract has been breached due to the waiting time being well over-due

before you mention breach, contract, non-performace, just ask to cancel politely & hopefully they'll just honour it