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Can I cancel an item before it's delivered (a cooker, paid in full)?

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  • 24-12-2009 2:55am
    #1
    consultech
    Closed Accounts Posts: 1,956 ✭✭✭


    Hi all,

    As the title suggests...

    DID electrical have basically left my girlfriend's family high and dry for cooking christmas dinner. They bought a cooker 2 weeks ago after their old one clapped out, and were promised delivery by today (23rd). There is no sign of it, despite this promise being re-itterated via phone on Monday.

    What are my options here? We are contemplating a dash to Power city or somewhere tommorow (24th) and trying to take a display model away in a van if they'll let us.

    Thanks in advance...

    C


Comments

  • Options
    #2
    ch750536
    Registered Users Posts: 3,736 ✭✭✭ch750536


    My Opinion.

    Normally when you pay for something you are entering a contract to buy goods \ service with the supplier. Ownership does not pass to you until you take delivery of the item. This may be when you take the items out of the store or when the items get delivered.

    In most cases you can't cancel a purchase if you have agreed to buy, even if it is not delivered yet. You may still have a case though. Since one of the reasons for the purchase was 'xmas dinner' as stated by you on 2 occasions and they have not lived up to their promises I think a gentle conversation may get you a refund.

    I would call in at the branch and explain the situation to a manager and see what he offers to resolve the issue. It may be that he offers a model that is in stock rather than a refund.

    So, in summary, I don't believe you are legally entitled to a refund but I do think any store manager would listen to your story and perhaps refund you.


  • Options
    #3
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    I bet some newspapers would be interested in the story. All else fails, ask the manager of the shop what newspapers would be interested?


  • Options
    #4
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    As ch750536 said. It depends on how the sales contract was formed. If for instance you went into the shop and said "I want to buy this cooker but it has to be delivered before christmas" then you have made the "delivery before christmas" part a condition of the contract. If a condition of a contract has been breached you can then terminate the contract as a condition is the heart of a contract.

    I guess the only problem here though is "Prove it".


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