Where can I go from here?

BBBoy

I ordered some champagne online on the 7th November, paying £5.95 for delivery within 2-3days. After not receiving the order I emaield to chase it up and was told that I should expect delivery on the 24th/25th November (bare with me...). Following this email, I asked for a refund of P&P charges, as they hadn't fulfilled their side of the bargain and we had had to purchase from elsewhere incurring extra expense.

On Nov 26th, I received an email saying that the order was 'running a little late' and that the champagne would be in stock on November 28th at the latest. Having STILL not received the order, I emailed on December 11th asking what was happening - I didn't receive a response.

Feeling rather annoyed by this stage, I gathered six email addresses for this particular company, and emailed a blow by blow account of what had happened and asking for a reason why my order was delayed by nearly 6weeks when I had paid for delivery within 2-3 working days. I sent this on Decemeber 16th, and received a response the day after apologising saying that the order would be with us by Friday (20th), but that they would not be refunding the P&P charges. I've tried calling them, but it just goes straight through to answerphone.

Well, low and behold - the order STILL hasn't turned up and I'm at a loss! I've been offered a refund, but I don't WANT the refund, I want the goods that I ordered to be delivered and to be done with it. Is there anyone that I can report this company to, or do I have any rights to make them deliver? I've really got a bee in my bonnet now and don't want to just let this go!!

Congratulations if you've made it this far....

paddyrg

Name and shame?

wealdroam

OP, I think you are being unreasonable in not accepting a full refund.

Have you read their T&Cs to discover when a contract is formed?

It could well be that there is no contract in place and that the company do not have to do any more than refund you.

If you were able to name this company, I am sure someone could help you further.

bris

wealdroam wrote: »

It could well be that there is no contract in place and that the company do not have to do any more than refund you.

Acceptance has taken place when the accepted the order and gave a delivery date, there is no doubt they are in breach.

However if they are not going to fullfil the order there is little you can do about it other than buy elsewhere and sue for loss of bargain, thats if there is a loss worth chasing.

wealdroam

bris wrote: »

wealdroam wrote: »

It could well be that there is no contract in place and that the company do not have to do any more than refund you.

Acceptance has taken place when the accepted the order and gave a delivery date, there is no doubt they are in breach.

I would just like to point out to you Bris, that the contact can be formed at any time agreed between the two parties.

As we have no idea what the two parties have agreed, I for one find it difficult to conclusively state when the contract was formed.

This is derived from SoGA Section 28, where it says:

28 Payment and delivery are concurrent conditions.
Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

Note those words: Unless otherwise agreed

Thus we cannot determine when the contract is/was formed until we know what has been agreed... effectively, what their T&Cs say.