Currys took payment but no computer in stock

Blackpool_Saver

somethingcorporate wrote: »

No, legally they can refund your money and send you on your way.

I would have done this, soon as (as the kids say)

somethingcorporate

bris wrote: »

No, they can't, not without penalty if the op chooses to follow up, for reasons you know I am going to say.

You're absolutely right but I am still waiting for an example where this has actually been pursued successfully

somethingcorporate

George_Michael wrote: »

This is generally the case with distance sales where the retailers terms normally state something along the lines of a contract only being formed on dispatch of the goods, but I'm not so sure it is the case here.

Currys had an item advertised for sale and were asking for offers from potential customers.
The OP offered the asking price, and this was accepted.
Legally, a contract was formed at that point.

http://e-lawresources.co.uk/Offer-and-acceptance.php

However, saying that I don't think it's worth pursuing it too far.

And what are the remedies for breach of that contract?

Not worth the time and effort above getting a refund for what they have paid and going elsewhere.

bris

somethingcorporate wrote: »

You're absolutely right but I am still waiting for an example where this has actually been pursued successfully

http://www.bitterwallet.com/bq-%E2%80%93-the-dishwashers-with-no-discretion/13425
With the help of this very forum.

People assume because the retailers give you a refund in these cases thats all they need to do, but lets look at the other side of the coin in this contract. The buyer goes into the store and pays for the item in this case, the seller says thank you sir come back on Friday to pick it up. Friday comes and the buyer goes back to the store, but instead of picking up the item decides he wants a refund, does the retailer have to give him one? We all know the answer to this, so why should the buyer have to follow through on the contract but not the seller, well the seller can't, if the buyer wants to, loss of bargain in there to pursue.
Sometimes , in fact most of the time it's simply not worth it for a price difference can be small , but the option is there.

SuperHan

I think there is a fair argument that the contract is formed when the goods are collected, so up until this point, a refund is all that needs to happen to put the OP back in the position they were before the sale took place.

Alternatively, if the OP really wants the PC, he could ask to wait until more are delivered to the store. This is risky though in light of all the retail collapses at the moment, but like I said earlier, Currys aren't in any imminent danger, and if paid by credit card, OP is covered anyway...

bris

SuperHan wrote: »

I think there is a fair argument that the contract is formed when the goods are collected, so up until this point, a refund is all that needs to happen to put the OP back in the position they were before the sale took place.

No the contract was formed when the OP's offer was accepted, they should not be accepting payment for goods they don't have, if they promise to get it, then they need to get it or they are in breach, it's simple contract law. Their T&C's can not over rule our countries contract laws.

shaun_from_Africa

SuperHan wrote: »

I think there is a fair argument that the contract is formed when the goods are collected, so up until this point, a refund is all that needs to happen to put the OP back in the position they were before the sale took place.

Surely if a contract was only formed when goods were collected, anyone who pay for goods from any retailer would have the legal right to cancel their order providing they hadn't actually taken possession of the goods.

If this was really the case, just about every furniture retailer in the UK would be acting illegally by refusing consumers the right to change their mind before they have received their goods following an instore purchase

All you legally need for a contract to be formed is for an offer to be made by a potential customer and for that offer to be accepted.
Acceptance is normally deemed to have occurred at the point payment was taken (unless something different is agreed by both parties).

SuperHan

I didn't say it was necessarily the case, and furniture retailers may write this in to their T&Cs, but if you order online the common stance is the contract is formed when goods are sent. I can't see a concrete reason why this couldn't be the case here (with goods collection standing in place of goods despatch)?

Like I say, the alternative is to leave Currys with your money until they get the goods delivered, and nowadays, this is not sound advice

*edit* Also, part of contract formation is consideration. OP has given their consideration, but Currys haven't. Is that not a valid get out of the contract?

shaun_from_Africa

I can't see a concrete reason why this couldn't be the case here (with goods collection standing in place of goods despatch)?

The difference is that when you purchase online, the retailers T&C's are normally shown to any prospective purchaser before they make payment. Because of this, those terms are taken to have been accepted by both buyer and seller.

A face to face contract is deemed to have been made when an offer by a customer has been accepted by the seller unless something else has been agreed.
A customer can't be bound by any terms (such as a contract not being formed until goods have been collected) unless they were made aware of, and agreed to those terms before purchase.

SuperHan

I think, (or used to be the case), for an order at Currys, the customer receives a print out with various bits of info to sign. Did you receive anything of this sort, OP?