Ordered product but found elsewhere...?

SamJ35

I have a query I wonder someone can help me with.
I have been in email correspondence with a shop regarding a product by a company that they are a stockist for. They did not have this particular product in stock, so I emailed asking if they could source it for me and deliver to my address. They stated they would be able to order it and deliver for an extra fee, and I agreed to go ahead. I paid no deposit.

I have now sourced the product from another stockist that is closer to where I live and can purchase it at a cheaper price as there is no delivery cost. I have however paid a deposit on this order.

I have today received an email from them stating the product has arrived in store and they will arrange for it to be delivered. I have to confirm I have sent payment via PayPal and confirm my address.

I obviously no longer wish to purchase the product from the original stockist.

Am I able to politely email and state that I no longer wish to purchase the product? I am unsure whether I have agreed to an oral contract of sale. What would be the best thing to say?

Many thanks for any help in advance.

marliepanda

You of course have a contract. You wouldn't be happy if they decided to sell it to the next punter who walked in I f you still wanted it.

Is it something the store would normally stock, or had ran out of, or something they did not stock at all (or had stopped stocking)

If they ordered especially for you, then you have no right to your deposit back and they could hold you to the sale. If it's something they would sell anyway, then no.

NectarCollector

You have no right to a refund simply because you changed your mind / found it cheaper elsewhere

wealdroam

NectarCollector wrote: »

You have no right to a refund simply because you changed your mind / found it cheaper elsewhere

Are you speaking "legally" or "morally"?

It appears that the OP was arranging to make the purchase at a distance, so the cancellation rights afforded by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 would apply.

Of course if no contract is in place the potential buyer is free not to buy.

I make no comment on whether the OP is morally obliged to continue with the purchase.

[Deleted User]

Samj35 wrote: »

an oral contract

Verbal contract.

I would imagine an oral contract is something else entirely. Whether you would want to break it though, would very much depend on which end of the contract you are on.

Hintza

Samj35 wrote: »

Many thanks for any help in advance.

Stick with the company you first contracted with and don't weasel out. Another example of someone trying to shaft a company going above and beyond for a customer.

Do you have no moral compass?

McKneff

if it was bought over the internet what happended to distance selling rules.

bod1467

OP spoke with company 1 and they said they'd source the item and arrange delivery. They have the item and requested OP to pay them and they would deliver. OP has not paid company 1 anything as yet.

OP then sourced the item from company 2 and paid company 2 a deposit.

OP has no formal contract with company 1 and has no legal obligations. (I'll leave morality for the OP to consider).

(That's the way I read the OP).

shaun_from_Africa

wealdroam wrote: »

It appears that the OP was arranging to make the purchase at a distance, so the cancellation rights afforded by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 would apply

McKneff wrote: »

if it was bought over the internet what happended to distance selling rules.

The right of cancellation under the CCR's may not apply in this case.
As the OP states that the communications were all done by e-mail, the retailer in question may not have a formal system in place for distance sales and this distance transaction may have been a one off or a very infrequent occurrence.
If this is the case then it would fall outside of the CCR definition of a distance contract.

sjbrun

It depends if you want to use company 1 ever again. If I was that company, and went above and beyond for a customer and they then messed me about, I wouldnt sell to that customer again. More companies than you think blacklist customers they don't want

But legally you don't have to buy the product from company 1 but morally you do, but we arent your morralls police so it's up to you.

bris

A legal contract with seller one is in place despite what others seem to think. Whether that contract can be cancelled due to a distance sale is another matter.


As Shaun from Africa has already pointed out if they are not normally distance sellers then under the old DSR's cancellation rights don't apply. I am unsure however if this is still the case with the CCR's, haven't really looked into it, maybe someone else has read them thoroughly.


Perhaps the OP can see if they have an online or phone ordering service to know for sure.