Item lost by courier, retailer 'doesn't know how long it will take to replace' - options

Okell

OnyxTheCatDND said:

@OnyxTheCatDND, I have a few questions:

• Who is your contract with?
• Are they a 'trader' and are they registered in UK or USA?
• What are the T&Cs of your contract with them?
• Which part of the Consumer Rights Act do you believe applies?

I'm not a lawyer or any kind of expert, so I'll do my best to answer.

Qs 1 and 2. Brotherwise Games are the publisher (a US based company, so presumably a trader), I presume the contract is with them, however they are using a UK based fulfilment partner, Games Quest, I'm not sure if I have a contract with them. Would an email saying they are going to deliver my order count as a contract?

Q3. Unsure what would count as a contract with T&C's in this case - other than the Kickstarter ones referenced 

Q4. Section 28 of the Consumer Rights Act talks about delivery within a reasonable amount of time. The fulfilment company stated in an email that my order would be delivered 2-3 working days after 2nd October. They have failed to do so - do I have any rights or grounds to push them to make right or do I just have to wait and hope their terrible customer service sorts itself out 

I doubt your transaction with Kickstarter (or whomever you are dealing with) is covered by the Consumer Rights Act 2015.

Seems to me you've agreed to invest (or to put, or to risk) some money in a particular project with no guarantee of anything.  There is no contract for the sale, or hire, or transfer of goods.

Whether you want to wait to see what you eventually get or try to get your money back is up to you

sheramber

If there is no extra stock then they can’t give you what they don’t have.