Have I entered a contract?

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Yokel
Yokel Posts: 14 Forumite
in Consumer rights
Hello,

Hope this is the right board to post in.

I ordered a "Walkers Zbox" from Zavvi on 13/09/2017.

The estimated delivery date showing on my orders information is 11/10/17.

As this came and went I contacted them saying "It says estimated delivery 11/10/2017. How come this has yet to be despatched?"

Their response was:

"Thanks for contacting us.

I am very sorry for the delay, we are currently awaiting one of the items that make up this great box, this is expected to be with us by the 19th and your order should be dispatched 24 hours later.

I deeply apologise for the inconvenience and disappointment caused by this.

I hope this has helped to resolve your query."

As expected, this came and went and over the course of the weeks that followed I kept getting told different dates; 27th October, 29th October, 10th November, 19th November, 23rd November (I was assured on the phone of this date)... The latest is "this week" which they told me last week.

They claimed on the phone that they are not subject to the 30 day rule by Consumer Contract Regulations because I have not paid for the item (they take the money upon despatch) and thus have no contract with them?

But surely my order itself is an agreement between them and I for them to fulfill the order so should be a contract?

Also, they regularly sell items on their website as "in stock" then claim they are unable to get it from the supplier weeks after the order is placed. Is this legal? To sell something you have no guarantee of providing?
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  • George_Michael
    George_Michael Posts: 4,251 Forumite
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    Yokel wrote: »
    They claimed on the phone that they are not subject to the 30 day rule by Consumer Contract Regulations because I have not paid for the item (they take the money upon despatch) and thus have no contract with them?

    Terms such as this are normally found in most online sales and provided that they can be seen by prospective customers and there is a tick box or statement saying that you agree to the T&Cs, it's perfectly legal.
  • bris
    bris Posts: 10,548 Forumite
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    edited 4 December 2017 at 9:33PM
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    Legal yes, but they can be in breach of contract 30 days after the first date comes and goes. A contract can be formed with or without payment, it's the intent that counts.


    Everything they have done and said point to a valid contract but is it worth the trouble if this fails?


    P.s as the above posted at the same time. T&C's can't over rule contract law. If you accept an offer with intent to follow through on the offer then if you don't you are in breach of contract. You can't try and sell things you can't get your hands on to sell, there can be consequences to this.
  • societys_child
    societys_child Posts: 7,110 Forumite
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    With most on-line sales now, no contract is formed until the goods are dispatched. Check their T&Cs.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    Here are the terms of acceptance on their site

    Any orders placed by you will be treated as an offer to
    purchase the goods or services from us and we have the right to reject such
    offers at any time. You acknowledge that any automated acknowledgment of your
    order which you may receive from us shall not amount to our acceptance of your
    offer to purchase goods or services advertised on the Website. The conclusion
    of a contract between you and us will take place when we (i) debit your credit,
    debit card or PayPal account or (ii) dispatch the goods to you or commence the
    services, whichever is the later

    So they are correct that no contract exists until dispatch or payment taken, whicher is later. Until that time they can cancel without even needing to give a reason.
  • Yokel
    Yokel Posts: 14 Forumite
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    So there is nothing I can do to get them to actually stop lying to me about the despatch date?

    I tak
  • Yokel
    Yokel Posts: 14 Forumite
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    I take it I can't report them to trading standards either.

    Can't seem to edit posts so had to double post.
  • Yokel
    Yokel Posts: 14 Forumite
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    So the consumer contract regulations trumps their t and c claims that there is no contract?

    Is there any specific law against advertising items for sale (and in stock) on their website that they have no basis to claim they can definitely follow through with any orders of?
  • KeithP
    KeithP Posts: 37,650 Forumite
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    Yokel wrote: »
    I take it I can't report them to trading standards either.

    Can't seem to edit posts so had to double post.
    Of course you can edit posts.

    It's the interface you are choosing to use that is restricting your ability to edit posts.

    Try accessing the forum via web browser.
  • Yokel
    Yokel Posts: 14 Forumite
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    I am on a web browser. The edit post option is greyed out.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    It sounds very odd that they are insisting on delivering to you. Which will involve additional cost for them when you simply return it.

    I would try to cancel your order in your account online, or send them an email.
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