When is non delivery breach of contract ?

Jupiter_Ferris

Does anyone know, is there a fixed period from when you've paid for something (online, visa card), that it hasn't arrived, and so the supplier is in breach of contract ? Never mind if it's coming tomorrow, or next month - at what point can you say, enough!

Thanks.

agrinnall

If it's covered by the Distance Selling Regulations then you can cancel any time up to 7 days after the item is delivered - so if it hasn't turned up yet and you're fed up waiting just notify the seller in writing (email is OK I think) that you are cancelling under DSR, they then have up to 30 days to refund you.

antrobus

Jupiter_Ferris wrote: »

Does anyone know, is there a fixed period from when you've paid for something (online, visa card), that it hasn't arrived, and so the supplier is in breach of contract ? Never mind if it's coming tomorrow, or next month - at what point can you say, enough!

Thanks.

At whatever point you have written to the supplier and informed them that 'time is now of the essence' and that if they don't hurry up and fulfill their side of the deal, you're going to contact your Visa provider and go chargeback.

unholyangel

Distance selling regulations say:

19.—(1) Unless the parties agree otherwise, the supplier shall perform the contract within a maximum of 30 days beginning with the day after the day the consumer sent his order to the supplier.

If the supplier does not (and it hasn't been agreed otherwise), the consumer can cancel for non-performance.........even if the item is customised (or other items are are listed under regulation 13 as being exempt from regulation 10).

unholyangel

agrinnall wrote: »

If it's covered by the Distance Selling Regulations then you can cancel any time up to 7 days after the item is delivered - so if it hasn't turned up yet and you're fed up waiting just notify the seller in writing (email is OK I think) that you are cancelling under DSR, they then have up to 30 days to refund you.

Email is considered durable so it is fine - notice is taken to have been given on the day the email was sent. However not really an issue if the OP hasnt received given that you can cancel your order before it arrives, and then refuse delivery if it does turn up and the retailer cannot treat this as breach of contract.

Very good response from this poster here but just to add (just for info for the OP in future), its 7 working days starting the day after delivery if you were given certain required information prior to the contract being concluded. If you were not given this info, this period may be extended to up to 3 months and 7 working days.

agrinnall

unholyangel wrote: »

Email is considered durable so it is fine - notice is taken to have been given on the day the email was sent. However not really an issue if the OP hasnt received given that you can cancel your order before it arrives, and then refuse delivery if it does turn up and the retailer cannot treat this as breach of contract.

Very good response from this poster here but just to add (just for info for the OP in future), its 7 working days starting the day after delivery if you were given certain required information prior to the contract being concluded. If you were not given this info, this period may be extended to up to 3 months and 7 working days.

Cheers, I thought it was 'working days' but I couldn't be bothered to look it up so stuck to just 'days', given that in this instance it wouldn't make any difference anyway.

unholyangel

agrinnall wrote: »

Cheers, I thought it was 'working days' but I couldn't be bothered to look it up so stuck to just 'days', given that in this instance it wouldn't make any difference anyway.

Its going to be changed anyway to 14 calendar days I believe! cant remember when its due to be changed, perhaps someone else knows