Internet payments

[Deejay]

Morning all

I recently ordered a car battery on the web, and paid for it by card. I made an appointment on the website to have it fitted.

When I went to collect it, it hadn't arrived. The money had been taken from my account.

Simple question. Is this legal?

Cheers

Dave

 

[Blackswanwood]

It is if the terms of sale say words to the effect of "payment is due on x date and our delivery/collection date is our best estimate"

If not, then it's not legal. If the supplier doesn't refund you immediately when you ask them to do so contact your card provider who will process a refund and raise a dispute with the supplier.

 

[Deejay]

Thank you Robert

 

[Cabinetman]

Well from the merchants pov I don’t blame him too much for not getting something into stock that you might decide you don’t want, do you think your battery is uncommon?

 

[Deejay]

Not at all. I chose the battery and a time slot to fit it.

When I arrived, they eventually owned up to the fact that it had not been delivered.

My point was the legality or otherwise of charging in advance for goods which have not been supplied.

Had they fitted it on my first visit you would not be reading this.

Cheers

Dave

 

[akirk]

I think that legally you can't say it isn't supplied until a certain time has elapsed.
Sure - they didn't get it in time for your appointment, but it is presumably only delayed until they either admit they can't supply or the waiting goes beyond what is reasonable (which may be defined in contract with you or otherwise might be defined by what ever is the norm in that sector - i.e. shorter for a pint of milk / longer for a bespoke tailored suit)
Currently though they haven't yet technically failed to supply...

 

[Blackswanwood]

When buying something online under the Consumer Contracts Regulations you have to be told how you will pay for the goods or services and when they will be provided to you. If the supplier has failed to adhere to what this said (in the terms of sale) they are in breach of the regulations and the contract.

If no delivery/collection date is specified there is a catch all condition of the supplier having a a maximum of thirty days but this falls away if something different has been agreed/specified which it has here. It really comes down to what is set out in the terms of sale about any appointment to collect the goods. The supplier will need to have made provision in the wording or the benefit of the doubt goes to the consumer.

Putting the legal position aside it’s pretty pants service for the supplier to let someone turn up for an agreed appointment when they’ve not got the goods.