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  • FIRST POST
    • Overmyhead
    • By Overmyhead 5th Aug 18, 10:32 PM
    • 34Posts
    • 19Thanks
    Overmyhead
    Order not fulfilled ..
    • #1
    • 5th Aug 18, 10:32 PM
    Order not fulfilled .. 5th Aug 18 at 10:32 PM
    Hi, I used a local store which has been in business for maybe 15 years to order my nursery furniture 3 months ago. The set was from M&Ps and not in stock until July. It was arranged to be delivered two weeks ago but didnít arrive. Iím now 32 weeks pregnant and due to being ill the last fortnight have only been able to message the store to query - my emails havenít been replied to. I plan to go in tomorrow but now see the item is out of stock everywhere online again and wonít be back in until October - too late for me as baby will be here with nowhere to go!! Iím now stressing out at this time of night until the store opens tomorrow. Am I entitled to a full refund to enable me to order something else elsewhere??
Page 1
    • neilmcl
    • By neilmcl 6th Aug 18, 6:48 AM
    • 11,457 Posts
    • 8,252 Thanks
    neilmcl
    • #2
    • 6th Aug 18, 6:48 AM
    • #2
    • 6th Aug 18, 6:48 AM
    If they can't supply that particular item then you're entitled to a refund for that part, not a full refund of the whole order.
    • AndyMc.....
    • By AndyMc..... 6th Aug 18, 7:15 AM
    • 2,096 Posts
    • 1,267 Thanks
    AndyMc.....
    • #3
    • 6th Aug 18, 7:15 AM
    • #3
    • 6th Aug 18, 7:15 AM
    If they can't supply that particular item then you're entitled to a refund for that part, not a full refund of the whole order.
    Originally posted by neilmcl
    I thought the purchaser could decide whether the can have a full refund or accept part of the order with a partial refund.
    Hi there! Weíve had to remove your signature. Please check the Forum Rules if youíre unsure why itís been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • unholyangel
    • By unholyangel 6th Aug 18, 6:17 PM
    • 12,639 Posts
    • 9,952 Thanks
    unholyangel
    • #4
    • 6th Aug 18, 6:17 PM
    • #4
    • 6th Aug 18, 6:17 PM
    Acceptance must match the terms of the offer exactly - any variation amounts to a counter offer rather than acceptance, which also has the effect of destroying the original offer. Also, once you have a contract then you cannot vary the terms of that contract except with the agreement of the other party. Nor is a consumer bound to accept delivery by instalments unless they have previously agreed to accept them in instalments.

    If the consumer wants to accept only partial fulfilment of their order then that would be up to them (unless any of the goods form a commercial unit, then the unit needs to be rejected or accepted as a whole).

    But FWIW, i don't think thats the OP's issue (unless I've missed something despite reading it 3 times now). OPs issue seems to be non-delivery of the set they ordered. If there was an agreed delivery date or period for delivery and the time for delivery is essential either taking account circumstances of the contract or because the consumer specifically told the trader it was essential then you have the right to treat the contract as at an end (aka cancel and get a full refund). In other circumstances (where time is not essential from circumstances or having not specifically made the trader aware it was essential) then the consumer needs to give a further period for delivery and if that is not adhered to, then can treat the contract as at an end.
    Money doesn't solve poverty.....it creates it.
    • macman
    • By macman 6th Aug 18, 10:14 PM
    • 42,322 Posts
    • 17,697 Thanks
    macman
    • #5
    • 6th Aug 18, 10:14 PM
    • #5
    • 6th Aug 18, 10:14 PM
    Phone them tomorrow?
    No free lunch, and no free laptop
    • hollydays
    • By hollydays 6th Aug 18, 10:44 PM
    • 16,302 Posts
    • 12,329 Thanks
    hollydays
    • #6
    • 6th Aug 18, 10:44 PM
    • #6
    • 6th Aug 18, 10:44 PM
    Did you buy on credit?
    • Overmyhead
    • By Overmyhead 10th Aug 18, 9:53 PM
    • 34 Posts
    • 19 Thanks
    Overmyhead
    • #7
    • 10th Aug 18, 9:53 PM
    • #7
    • 10th Aug 18, 9:53 PM
    Hi thanks for all answers. I had paid in cash in full at time of order which was beginning of May.

    I went in to the store and was unable to get them to refund me. They said the furniture I had ordered would be here in October - after the baby was born. Finally managed to have them agree to let me pick another set which they had in stock although this was more expensive and I had to pay the extra for it.
    • unholyangel
    • By unholyangel 11th Aug 18, 3:26 PM
    • 12,639 Posts
    • 9,952 Thanks
    unholyangel
    • #8
    • 11th Aug 18, 3:26 PM
    • #8
    • 11th Aug 18, 3:26 PM
    Hi thanks for all answers. I had paid in cash in full at time of order which was beginning of May.

    I went in to the store and was unable to get them to refund me. They said the furniture I had ordered would be here in October - after the baby was born. Finally managed to have them agree to let me pick another set which they had in stock although this was more expensive and I had to pay the extra for it.
    Originally posted by Overmyhead
    For future, you were entitled to a refund. Although usually the issue you have is that companies don't train staff in what the law says, only what company policy says. So they think that because policy says refunds only given for faulty goods, then that must comply with law.

    Usually you get better results reminding them that misleading a consumer about their rights can amount to a criminal offence and that they may wish to obtain legal advice before responding.
    Money doesn't solve poverty.....it creates it.
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