Appliance Direct took money for 2wks and now say not isnt avaliable, rights?

Scican

Hello,

I'm looking for some advice on my rights here.

I ordered an American fridge freezer 2 weeks ago and paid £534 (incl £39 Del) They took the money.

It' due to be delivered next Tue (29th) and they have emailed saying [FONT=Arial, Verdana, sans-serif]"We regret to inform you that part of your order is no longer available from our suppliers."

I just called them and all they could do was offer to refund my money as the nearest replacement was £780... I declined as i wanted to check my rights.

Is a refund the only thing i can expect? I'm so annoyed.

Thank you in advance.
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visidigi

Appliance Direct took money for 2wks and now say not isnt avaliable, rights?

Refund. To be completed within 30 days.

Scican

I really don't want a refund though, i want them to sort out a replacement for little or preferably no extra cost.... £280 on top is way too much

Bantex_2

Scican wrote: »

I really don't want a refund though, i want them to sort out a replacement for little or preferably no extra cost.... £280 on top is way too much

What you want and what you are legally entitled to are two different things.

Scican

Ok, thank you for the help.

mije1983

Don't know what spec of fridge it was, but ao.com have some American style ones for under £600. As they offer free delivery, the cost wouldn't be a lot more.

I imagine other retailers probably would have some in that price bracket as well.

bris

Bantex wrote: »

What you want and what you are legally entitled to are two different things.

Offer and acceptance clearly took place, so legally they are the ones rescinding the contract and loss of bargain would come into play.

This wasn't a mistake on the website where some programmer made a mistake with the price and the offer was rejected, they clearly accepted the ops offer to buy.

They shouldn't try and sell things they cant get, this is like drop shipping, happily accepting orders whether they can get them or not.

If the op wants to he could buy the nearest replacement and claim back the difference through the courts, win chances will differ on here but I have no doubt they rescinded the contract and would have to pay.

rustyboy21

Off their T&C's on their website, if that makes any difference.


''If for any reason the product or promotion you've ordered is no longer available, or there's been a price change, we will notify you within 5 working days and offer a full refund, the option to pay the difference or choose an alternative. Order acceptance takes place upon despatch of your products''

arcon5

rustyboy21 wrote: »

Off their T&C's on their website, if that makes any difference.


''If for any reason the product or promotion you've ordered is no longer available, or there's been a price change, we will notify you within 5 working days and offer a full refund, the option to pay the difference or choose an alternative. Order acceptance takes place upon despatch of your products''

It makes a massive difference as the above post gives factually incorrect information which is quite misleading.

Op your rights are to a refund i'm afraid. No harm in pushing for good will though

SuperHan

bris wrote: »

If the op wants to he could buy the nearest replacement and claim back the difference through the courts, win chances will differ on here but I have no doubt they rescinded the contract and would have to pay.

You're wrong.

Industry practice is that online acceptance is on dispatch of the goods, and AO's T&Cs back this up.

This is to allow for such situations, where there has been an error on the stock system. They can't accept the offer until they know they have the product, and the point that is certain is at dispatch when it is sent to the customer.

No rights to a replacement, just a refund in 30 days. And a court would agree.

browneyedbazzi

As the above posters have pointed out, bris's advice is incorrect because the Op's offer was not accepted so no contract formed.

Interestingly the new Consumer Contracts Regs say that where a consumer exercises the right to cancel the time scale for a refund is 14 days rather than 30 as under the old DSRs. It should follow that the same time scale applies where the retailer cancels an order but I'm not sure if that is the case....