Obligation to supply services paid for

Horlock

A while back I recall reading something which suggested that if a company sells you something, and then change their mind (for whatever reason) they must supply it or supply an equal or equivalent product.

However, I can't see where I found this online, and simple googling is currently failing for me.

Example. I recently purchased something from John Lewis, but when it came to delivery date an apology phone call to explain that they had a problem. They offered me a full refund - or a superior product for no extra charge. This in my view was superb customer service - another credit to JL customer service.

However, another company has recently cancelled my purchase, and offered me an equivalent product for an additional £20 (note the alternative offered is not a superior product). They also have offered me a full refund. I believe that they even offered for me to have the product I ordered provided I paid more than £20 extra - but I no longer have evidence of that. I wanted to check whether there is any obligation on them to supply the alternative product without charging me the extra.

JJ_Egan

{ I wanted to check whether there is any obligation on them to supply the alternative product without charging me the extra.}

In a word no obligation at all .
You bought they cannot supply and refund .

shaun_from_Africa

JJ_Egan wrote: »

In a word no obligation at all .
You bought they cannot supply and refund .

It all depends on when the contract is deemed to have been accepted by the company.
In face to face transactions, unless stated otherwise, it is generally accepted that a contract is formed when money is handed over or a contract signed but with online sales, many businesses have T&C's that a contract is only formed upon dispatch of the goods and until this point is reached, either party can generally cancel.

Saying that, even if the contract was formed and the company are legally bound to supply the ordered and paid for goods, unless it's something extremely rare and hard/impossible to get elsewhere, it probably isn't worth the time and effort trying to force them to supply the item.

TadleyBaggie

Their only obligation is to put you back to the position you were before the purchase, i.e. full refund. Anything above this is down to goodwill.

bris

When acceptance takes place then a contract is formed. If the seller then breaks that contract they have no obligation to provide you with anything.


You do however have the right to sue for loss of bargain, what that entails however is not usually worth the bother especially in your case for £20.


Like everything else a companies T&C's can not over right contract law, a court would decide if acceptance has taken place or not. They can't just say we don't have it any more so no contract. Every case would be judged on a case by case basis.

steampowered

It sounds like you have a contract to buy the product.

If the supplier breaches that contract, for example by refusing to supply unless you pay more, they are in breach of contract.

When someone breaches a contract, they are required to put the other party in the position they should be in if the contract was properly performed.

For example, if the agreed price was £30, and you would need to pay £50 to buy the product elsewhere, you can claim a refund plus the £20 difference to enable you to buy the product.

Although, if they have a decent set of T&Cs, they will be allowed to refund you if the product you originally ordered was out of stock. So it probably isn't worth pursuing.

Computersaysno

bris wrote: »

You do however have the right to sue for loss of bargain, what that entails however is not usually worth the bother especially in your case for £20.

Slap on a £30 'admin and wasted time' charge and sue them for £50....most retailers will happily send you a cheque for £80 [£50 plus £30 court costs] once the legal papers drop on their doormat.


And it onlt takes a few minutes online.

fleshandbone

I would say no.
They have offered a full refund and for me this acceptable
Why would you want to create a scenario for yourself that would be a hassle for yourself and the company.

Be nice and accept what they have offered.