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If you'd ordered and paid for something last November and, through a series missed delivery dates and cocked up order processing, the retailer had been unable to provide it to you, you had agreed at the end of December to take a loan of a similar product to get you through to the end-of-March delivery date, said loan product had shown up in January, and you had then found out that deliveries had been put back to mid-May, would you be within your rights to return the loaner and request a full refund?
Within your rights to request a refund, deinitely.
Yes
Sounds like a case of broken contract. Just ask / demand.
yes as they are in multiple breaches of the opriginal and subsequent contract IMHO
IANAL
Yes.
You have a contract. The contract is you give them money they give you a bike. they have not kept their side of the contract so the contract is void.
Money back for sure
Are you talking about a new car order, friend of mine just gave a stealer the two fingers after waiting over 2 months over the delivery date & got his money back.
Not a new car - and I've used the loan item in the mean-time.
so keep he loaner AND demand your money back - you never know
TBH - I'm not sure I want to have [i]any[/i] further dealings with the company.....
Name and shame, i will begin the pitchfork sharpening
Not while they have a chance to redeem themselves. I was trying to establish my rights before calling them - again!!!
Dunno if it's consumer law as such, I'd say delivery time has become a material part of the contract which they have breached.
Do you expect them to be difficult about it? Is it some random/bizarre/obscure thing? Do they know you're hacked off?
Not quite as black and white as the bar room lawyers would have you believe.
Bar room lawyers - do give me your views on waiver. I;d be interested to know what you think of the recent decisions. 😉
Druidh - you're in Scotland, right? Well, contract law up there is different. However, I think the latest date change should mean that you are entitled to ask for your money back and to walk away. Handing back the loan bike, of course.
Might be worth checking with your local trading standards, just so you can name the law under which you have the right.
ourmaninthenorth - Member
Not quite as black and white as the bar room lawyers would have you believe.Bar room lawyers - do give me your views on waiver. I;d be interested to know what you think of the recent decisions.
Druidh - you're in Scotland, right? Well, contract law up there is different. However, I think the latest date change should mean that you are entitled to ask for your money back and to walk away. Handing back the loan bike, of course.
I am in Scotland, company is in England. I reckon English law applies. Either way, it's piss-poor customer service.
And I didn't say it was a bike.... 😉