Delivery Timescales

kitkat1909

Hello

Wondering if anyone can help me understand my consumer rights for an issue I'm having with a website I've ordered from.

Ordered & paid for the item on 21/11/2018, the website said at the time that the item was in stock and would be delivered within 10 working days. I waited 10 working days before chasing up to ask where the delivery was. Was told yesterday that there had been an allocation issue and that the item was now out of stock with the supplier - would be back in stock on 12th December, and delivery would take up to 10 working days from then (they've specifically said no guaranteed delivery by Christmas).They have offered me a refund.

Trouble is, it's a dining table for christmas day. I can't find the same table in stock anywhere else, and anything of a similar size/style is going to cost me more, and not all companies are able to offer guaranteed christmas delivery.

Frustratingly, I've gone back on to the website this morning and they're still showing the table as "in stock" and "delivery within 5-10 working days" - are they allowed to say this if they know the item isn't actually in stock?

Do i have any rights to ask them for the difference between what I paid them and what I will have to pay for the nearest priced table/available before Christmas delivery?

Thanks in advance
K

DoaM

What do the T&Cs say regarding when a contract is formed? If it isn't until delivery (or delivery notification) then there is (probably) no binding contract - they can cancel and issue a full refund.

Of course there may be other T&Cs which come into play here ... if you were unable to cancel without incurring a penalty then the terms may be unfair as the contract would be unbalanced in favour of the seller.

tl;dr ... they can cancel and issue a refund - you'll be hard-pressed to make a "loss of bargain" claim stick.

LadyDee

It's often the case that the money is not actually withdrawn from the bank/card until the item is dispatched. If the payment is "pending" on your statement, they haven't actually taken it yet, so there shoudn't be a problem cancelling and re-ordering. Check the T&Cs about cancelling.