Can I get my deposit back on an item who’s delivery has been delayed due to Covid-19?

binarymizar

I paid a 25% deposit on an electric mountain bike back in October (2019), with delivery to the shop expected to be early April (2020). I have since been informed by the shop that due to the Covid-19 issue, the factory making the bike (in Germany) have all but ceased production currently, and the delivery time has now been quoted as being ‘sometime in June hopefully’. Am I entitled to ask for my deposit back? Knowing the market as I do, I know that choice from other manufacturers starts getting slim as the year goes on due to sell outs, and I don’t want to hang on until June, only to find there is going to be yet another delay for some reason on the bike ordered, and by then not having much choice from remaining stock in the market.

bris

I think you will struggle to get anything from anywhere just now.
The problem is no one really knows which way the law would see this, it's totally out of the shops control so they havent really breached the contract, especially when delivery was an estimate anyway.

Under normal circumstances a "Time is of the Essence" letter would need to be sent but this isn't a normal circumstance so if you still want the bike you should just let it run it's course. It's not as if you can actually use it just now anyway is it.

davidmcn

bris said:

It's not as if you can actually use it just now anyway is it.

Why not? Cycling is allowed.

binarymizar

bris said:

I think you will struggle to get anything from anywhere just now.
The problem is no one really knows which way the law would see this, it's totally out of the shops control so they havent really breached the contract, especially when delivery was an estimate anyway.

I fully understand that this is extraordinary circumstances, but where would be a realistic ‘stop’ point to all this? I put a deposit down on a high end bike, knowing it would be around 5 months before I took delivery. Now I’m told it’s going to be another 3 months on top, ‘hopefully’. What if it’s delayed even longer beyond that? How long can a shop hold on to my money for? As it is, I could go online today and buy a different brand with virtually the same components as the bike ordered and have it delivered within 3 or 4 days, which is very frustrating as I live very close to some good isolated tracks I could take myself off to occasionally.

edgex

Could you really have another bike ordered & delivered?

Surely your question is 'Can I cancel the order & get my deposit back?'
To answer that, look at the paperwork.

binarymizar

edgex said:

Could you really have another bike ordered & delivered?

Yes, some of the manufacturers imported the 2020 models before the virus became a big issue.

As for paperwork, all I have is an Order Acknowledgement, which is basically a receipt for the deposit already paid. There’s nothing suggesting any terms and conditions.

DoaM

You have no automatic right to cancel for an in-person transaction.

binarymizar

DoaM said:

You have no automatic right to cancel for an in-person transaction.

Fair enough, but how long is too long to hold onto someone’s money? Assuming the bike IS delivered in June, that’ll be 8 months since I paid the deposit. And what if it’s delayed even longer than June? There must come a time when I can say enough is enough and ask for my deposit back, surely?

DoaM

The first reply by bris explained how to make the delivery date contractual ... he also explained that things are tricky right now. All you can do is try - we can't magic up a solution for you, sorry.

born_again

binarymizar said:

DoaM said:

You have no automatic right to cancel for an in-person transaction.

Fair enough, but how long is too long to hold onto someone’s money? 

Try some of the crowd funding projects who have still not delivered item years later.

dksf

I have the same question. I put over £3k deposit on a garden building with a specific delivery date of 14th April. I had to do both tree and ground works prior to delivery. The company have told me that the order has been delayed.  I really need my deposit back. How can they keep it when they know they cannot deliver?