Obligation to supply?

Straw_Berry · 27 February 2009 at 11:07AM

I'd appreciate a view on this situation.

Last week I ordered a TV off a well known internet retailer. The TV was priced at that time at £400, but there was one available under their 'Used and New' section for £340. It was described as being 'as new' but with the box opened. I imagined it was a return.

I placed an order.

Yesterday, on the 'Where's my stuff?' page it was showing that they had refunded my payment. I hadn't cancelled the order. I emailed to ask why and they just said they were unable to fulfil the order.

The TV is now priced at £450 on the retailer's site and there are no special deals under 'Used and New'.

I still want the TV. Does the retailer have an obligation to supply the goods once I've placed the order?

Thanks

DaisyFlower · 27 February 2009 at 11:32AM

No they dont have an obligation to fulfill the order. There is no contract until goods are despatched.

OldGreenEyes_2 · 27 February 2009 at 2:21PM

So there is no contract even if they have taken your money?

tripled · 27 February 2009 at 2:37PM

The contract is formed when payment is accepted. You could try pursuing them under 'loss of bargain', although I'm not sure you would get very far.

Optimist · 27 February 2009 at 2:42PM

OldGreenEyes wrote: »

So there is no contract even if they have taken your money?

Look at the terms and conditions it will probably say something to the effect that it reserves the right to cancel orders and the customer’s order only constitutes an offer, which the retailer can accept by either charging the customer’s credit card and/or by dispatching the product.

Obligation to supply?

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