Contact formed?

Mihangel

Hello
My order went to warehouse dispatch then I have been informed it’s out of stock. However they have offered me inferior alternatives. After a few emails they have said they might be able to source my item but it will be considerably more £

Link to their t&c
https://www.building-supplies-online.co.uk/terms-and-conditions

Do I have a leg to stand on to seek loss of bargain ?

Thanks
M

Aylesbury_Duck

It seems that contact has been formed if they've been in touch with you.

You can't force them to sell you what they don't have.

Mihangel

Aylesbury_Duck wrote: »

It seems that contact has been formed if they've been in touch with you.

You can't force them to sell you what they don't have.

It’s more the fact they can get me it but from another supplier albeit it would cost them more? Does that not mean they can obtain one to fulfill my contract?

sheramber

From your link

On completion of placing your order online, you will receive an email acknowledgement (to the email address provided when placing the order). Please note that this does not mean that your order has been accepted by us. The contract between us is formed when the goods are dispatched. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order.

Yes, they can obtain one but it will cost more so they will charge you more

bris

Mihangel wrote: »

It’s more the fact they can get me it but from another supplier albeit it would cost them more? Does that not mean they can obtain one to fulfill my contract?

They don't have to do anything.


You don't have an accepted contract as it was never dispatched.

Mihangel

sheramber wrote: »

From your link

On completion of placing your order online, you will receive an email acknowledgement (to the email address provided when placing the order). Please note that this does not mean that your order has been accepted by us. The contract between us is formed when the goods are dispatched. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order.

Yes, they can obtain one but it will cost more so they will charge you more

Yes it costs them more obtaining elsewhere but too me a contact had been formed for the price I paid
Also from their t&c

6. General

Please note that all orders placed through our website or phone system are subject to Building Supplies Online LTD accepting said order, at which point a contract is formed between both parties and the goods are dispatched. Title and ownership of goods will pass to the customer on delivery. Point of accepting the order is considered to be the point of the process, picking and packaging at our warehouse or distribution location.

Mihangel

bris wrote: »

They don't have to do anything.


You don't have an accepted contract as it was never dispatched.

To me this is a contact?
6. General

Please note that all orders placed through our website or phone system are subject to Building Supplies Online LTD accepting said order, at which point a contract is formed between both parties and the goods are dispatched. Title and ownership of goods will pass to the customer on delivery. Point of accepting the order is considered to be the point of the process, picking and packaging at our warehouse or distribution location.

DoaM

No ... they accept the order when they notify that the goods are dispatched. The point you post does not conflict with the point in post #4.

Aylesbury_Duck

If you know you are correct and you think the rest of us are wrong, seek loss of bargain.

Mihangel

Aylesbury_Duck wrote: »

If you know you are correct and you think the rest of us are wrong, seek loss of bargain.

I was left confused by the terms hence me asking if you thought I had a contract.

Rainbowgirl84

It's a contract, not a contact BTW.