Returning 'Custom Goods'

bris

the_lunatic_is_in_my_head said:

(2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

I'm not going to quote the whole lot because only  (2) is relevant here.

The trader and consumer may have agreed otherwise, this is where the traders T&C's kick in. terms that are valid at the time of sale, did the OP opt out and not agree with these terms? Or I say may in bold because they might not have received any T&C's from the store.

If the receipt or contract does have them, OP should read them carefully paying attention to the delays bit. This will say unforeseen circumstances etc which will be blamed on covid as a good excuse.

The store can't use the excuse forever but it does buy them time and only a court can decide h when the contract can be frustrated.

Bottom line is "Time for delivery of goods" is all vey well for goods without contracts but companies these days usually have contracts, this is when agreed by both parties kicks in.

Sandtree

bris said:
Bottom line is "Time for delivery of goods" is all vey well for goods without contracts but companies these days usually have contracts, this is when agreed by both parties kicks in.

Without written contracts that consider this point... all sales have a contract else the OP has simply gifted them some money

the_lunatic_is_in_my_head

bris said:

the_lunatic_is_in_my_head said:

(2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

I'm not going to quote the whole lot because only  (2) is relevant here.

The trader and consumer may have agreed otherwise, this is where the traders T&C's kick in. terms that are valid at the time of sale, did the OP opt out and not agree with these terms? Or I say may in bold because they might not have received any T&C's from the store.

If the receipt or contract does have them, OP should read them carefully paying attention to the delays bit. This will say unforeseen circumstances etc which will be blamed on covid as a good excuse.

The store can't use the excuse forever but it does buy them time and only a court can decide h when the contract can be frustrated.

Bottom line is "Time for delivery of goods" is all vey well for goods without contracts but companies these days usually have contracts, this is when agreed by both parties kicks in.

I don't see that the trader can hold the consumer to an indefinite time period otherwise that could be endless which wouldn't be a fair term. 

If a specific period was stated then that would presumably be acceptable. 

My understanding may very well be wrong, but that section applies to all sales contracts so even if you purchase in store the trader will still be delivering the goods to the consumer, just by way of handing them over rather than by posting them, which goes back to any timeframes agreed.