We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Have I entered a contract?

13»

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As you wish. Good luck.
  • Anoneemoose
    Anoneemoose Posts: 2,276 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    Yokel wrote: »
    I would rather they had taken the money then I would have been able to do more legally. It's not irrelevant as when you plan your money ahead of time you expect it to be as you planned. Not for some company to screw it up. I'm sorry it's so hard to understand that someone who manages their money with certain expectations is annoyed when things mess up due to things outside their control.

    It's nothing to do in the way I want. I'm not being given straight answers. Just contradictory information from different people.

    And no, nobody has answered my question outright. The most said was "T&C's can't over rule contract law. If you accept an offer with intent to follow through on the offer then if you don't you are in breach of contract. You can't try and sell things you can't get your hands on to sell, there can be consequences to this." which contradicts what someone else said.

    So either I am in a contract as the law trumps t and c or I am not. Plus" you can't try and sell things you can't... " reads to me that it is against the law.

    I'm sorry, but I disagree about the money. I use YNAB and if I spend something, I know it's earmarked and I know I can't spend it again.

    T&C's can't overrule contract law, that is correct. But they are not trying to overrule contract law. Their T&C's are in accordance with contract law. There is nothing illegal with what they have done with you.

    You can inform Trading Standards, I believe, but they don't investigate individual complaints. If however they receive lots of complaints about he same thing, they may look into it.

    You can't force them into sending you something they can't get hold of. I agree the delay is annoying, but you have the option to cancel the order and go elsewhere.
  • Now, is anybody here able to tell me whether there is a law against selling items they do not have a guarantee for?
    They haven't taken any money yet, so haven't sold it to you yet.
  • sheramber
    sheramber Posts: 24,189 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    The Consumer Rights Act, which came into force on 1 October 2015, says the retailer is responsible for the condition of the goods until the goods are received by you, or by someone else you have nominated to receive them on your behalf such as a neighbour.

    This means that the retailer is liable for the services provided by the couriers it employs - the delivery firm is not liable.

    There is a default delivery period of 30 days during which the retailer needs to deliver the goods to you unless a longer period has been agreed.

    If your delivery is later than agreed and it was essential that it was delivered on time, then you have the right to cancel the purchase and get a full refund.

    If the delivery isn’t time essential but another reasonable delivery time can’t be agreed, you’re also within your right to cancel the order for a full refund.


    So you have the right to cancel the order and get a refund. But they haven't taken the money so all you are left with is the right to cancel the order.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.7K Banking & Borrowing
  • 254.2K Reduce Debt & Boost Income
  • 455.1K Spending & Discounts
  • 246.8K Work, Benefits & Business
  • 603.2K Mortgages, Homes & Bills
  • 178.2K Life & Family
  • 260.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.