Order not fulfilled ..

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Overmyhead_2
Overmyhead_2 Posts: 34 Forumite
in Consumer rights
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 didn’t arrive. I’m now 32 weeks pregnant and due to being ill the last fortnight have only been able to message the store to query - my emails haven’t been replied to. I plan to go in tomorrow but now see the item is out of stock everywhere online again and won’t be back in until October - too late for me as baby will be here with nowhere to go!! I’m 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??

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  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    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.....
    AndyMc..... Posts: 3,248 Forumite
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    neilmcl wrote: »
    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.

    I thought the purchaser could decide whether the can have a full refund or accept part of the order with a partial refund.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    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.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • macman
    macman Posts: 53,098 Forumite
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    Phone them tomorrow?
    No free lunch, and no free laptop ;)
  • hollydays
    hollydays Posts: 19,812 Forumite
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    Did you buy on credit?
  • Overmyhead_2
    Overmyhead_2 Posts: 34 Forumite
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    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
    unholyangel Posts: 16,863 Forumite
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    Overmyhead wrote: »
    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.

    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.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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