What rights do I have if my card has been debited, but the retailer fails to dispatch

graemeakajimmy

Help please!
I made an online purchase of a barbeque from the Dobbies sale. I had an email saying that the order would take 2 or 3 weeks to arrive, but got another one saying it was now out of stock. The item is a Webber so a worldwide brand and easily obtainable; however, the truth of the matter is they are no longer willing to supply it at the price I paid. They do have them in stock - in fact there is one on display at my local Dobbies (but for twice the price I paid!). As they have taken payment (its on my staement) are they obliged to send it to me?

PROLIANT

graemeakajimmy wrote: »

Help please!
I made an online purchase of a barbeque from the Dobbies sale. I had an email saying that the order would take 2 or 3 weeks to arrive, but got another one saying it was now out of stock. The item is a Webber so a worldwide brand and easily obtainable; however, the truth of the matter is they are no longer willing to supply it at the price I paid. They do have them in stock - in fact there is one on display at my local Dobbies (but for twice the price I paid!). As they have taken payment (its on my staement) are they obliged to send it to me?

The price you pay is the price you pay...if you get my meaning, if you bought an item for £100 and it is out of stock, when stock arrives the price has gone up to £200, you have paid for the advertised item, they are breaking the law, nothing that a swift call to trading standards wouldn't sort out, but first threaten them with this an demand that they dispatch your "property" what you have paid for or you will take legal action. Good luck.

Addendum:
If you completed your purchase using your credit card then you are covered under section 75 of the consumer credit act, which means tell your credit card company what they have done and the card company will refund you.

graemeakajimmy

Thanks For the advice have sent a complaint in. Need to wait and see now!

sparkyfuller

I too have had the same issue with Dobbies and they are now refunding my money on a BBQ which is still showing as in stock at £1000. I have phoned them and they say they are in their rights as the offer was only whilst stocks last and they no longer have stock. They are now ordering direct for the manufacturer. Did you have any luck quoting Trading Standards etc?

Thanks )

exel1966

The order is not a legal contract until it is accepted by the retailer and acknowledged. A confirmation e-mail from then acknowledging your order only is not an acceptance.
If you have received confirmation that the goods are to be dispatched at the quoted price you have a firm and legally binding order.
Can't think of the legal terminology used in such cases. I'm sure someone will remind me.

EDIT : I remembered - "Invitation to treat" is the terminology and until Dobbies formally accept it that's all it is and not a binding contract. However it could be argued that taking payment is acceptance, but someone with greater knowledge would know for sure.
Secondly, Distance Selling Regs give Dobbies up to 30 days to deliver or cancel and refund or offer an alternative so they haven't yet done anything wrong.

NickX

exel1966 wrote: »

The order is not a legal contract until it is accepted by the retailer and acknowledged. A confirmation e-mail from then acknowledging your order only is not an acceptance.

I think them taking the money from the OPs card constitutes acceptance of the contract.

They are clearly in the wrong here and should supply the goods at the price that they agreed to. If not I suggest Trading Standards would like a word with them.

sparkyfuller

I originally received an email from them saying it would be delivered in 2-3 weeks as they were out of stock. They had already taken payment and the email was worded as thank you for your order etc. Two weeks later I then received a mail saying they could not fulfil the order and have requested a refund to my credit card. I assume that because they have done this within the 30 day period they are within their rights to cancel the order even though they are still advertising the item for sale on their website.

graemeakajimmy

Finally got my barbeque today.

PROLIANT - you're a star! :T

If anyone else is still having problems then be persistant.