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Unfilfilled alcohol delivery

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Hi all, am new to site.

In December I placed an order on a wholesale website for some alcohol for Xmas/New Year. This was only shippable by courier and a charge was added for this. After some time nothing happened, and then I got an email claiming the delivery was complete when nothing had come. Further research indicated the delivery was damaged and being resent through the couriers to the company. When I asked that it be resent correctly (given this option or refund) I was advised it was unknown how long this would take due to stock levels.

This puzzles me since I would have thought that since I have requested they fulfil the order, that this overrides their having offered a refund, and that they should be legally obliged to order the amount of stock required to complete said order. Normally of course a company wouldn't be obliged to fulfil an order because said order is an offer to buy products which the company may or may not have. But if they've broken it (albeit through the courier, which was their lookout - I had no choice but to let them send it with a courier...) are they now obliged to make efforts to complete my order in good time?

Comments

  • paddyrg
    paddyrg Posts: 13,543 Forumite
    As they did dispatch the order (evenif delivery failed), you could argue that the contract has been completed, so yes they should deliver.

    But I'm a pragmatist, take the money and leave their lousy company to bumble along, go to a real supplier and pay a quid or two more.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Not sure I agree with Paddys whole post, my feeling would be that !!!! happens and if it was imporant for a qick elivery I would probably have asked for a refund. Stock levels at this time of year will vary hugely and there really is not much they can do if they have run out.

    If they are still struggling to deliver just get your refund.

    I am slightly confused on why you keep commenting on the lack of choice re elivery via courier. How else were they going to get it to you?
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