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Illegal Breach of Contract?

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  • 15-01-2010 5:17pm
    #1
    alexlyons
    Registered Users Posts: 2,182 ✭✭✭


    I placed an order on a certain website, I'll name it if i'm allowed(?) on the 21st of December. It's based in the UK and there shipping times are roughly a week, which in relation to some UK online retailers, is pretty slow.

    After placing the order on the 21st, Wednesday week ago (6th), I had still not received it, Granted the weather and christmas period would lengthen the time, but I had no contact from them and I just felt it was a bit long. Bare in mind my card has been charged.

    The order included a TV swivel bracket, and when I paid on the website, I had free shipping to Ireland. I have previously used the website and availed of free shipping.

    When I rang them about the order, I was told I had been emailed and told that I had to pay an extra £12stg postage for the bracket. Now they may have sent an email, but it wasn't to me, it was in no spam folder or anything. If there was a simple typo I would expect that it would bounce, and I know my email address was typed correctly on the website. I reckon they never sent it.

    I paid the postage as I urgently needed the bracket, but with a view to taking things further with them. I was promised the package would go out on wednesday and they said it normally takes 48 hours but could be longer with the weather, fair enough, they can't control the weather.

    Yesterday, still no sign of it so I rang back. I'm now told it hasn't been sent but the guy I spoke to said he can see the package on the table and he would personally make sure it went out last night. I should have got his name. I was skeptical to say the least.

    I rang back today at 11:15 to make sure it had gone out. It hadn't. At this stage I was furious and sorry just wouldn't cut it. I asked to speak to the manager, and what do ya know, he's busy. He'll ring me back in half an hour, 45 min at most. 12:15 still no call, so I ring back, he's still not back. I ring back at 14:15 and am told he's ben at the bank since I called last. Now to me, 3 hours seems far to long for one guy to be at the bank, he was clearly covering something. Any way, I rang back at 15:40 and am told he's just in and on the phone and he'll ring me. Eh no he won't, I'll stay on hold thanks (bare in mind I'm calling the UK). So I get speaking to the owner and he tells me that he has inspected the package and it will definitely go out tonight (where have I heard that before?). I disputed the £12stg postage charge with him.

    As far as I'm aware, and I'm pretty good with my consumer law and I'm a damn good negotiator, The website agreed to the contact by accepting my order and them demanding extra for an already completed contract is breaching the terms. It is his responsibility to make sure he is happy with the contracts the website agrees to and as he is selling to Ireland, he must abide by Irish law. He breached the contract, so I should be refunded the extra money I paid. He gave me two options, either complete the order, or cancel it and refund the lot. The stuff is great value and I won't find it as cheap anywhere else, so I am getting the stuff.

    I'd love to know if I'm right or wrong here, any help would be great. there are certain things I know I'm right about, others I'm not certain, a little clarification maybe?

    Regards

    Can I name them?


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    #2
    GerardKeating
    Registered Users Posts: 7,664 ✭✭✭GerardKeating


    alexlyons wrote: »
    as he is selling to Ireland, he must abide by Irish law.

    Don't think so, the relevant law would be the law where the site is based, since that is where the transaction took place.


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    #3
    alexlyons
    Registered Users Posts: 2,182 ✭✭✭alexlyons


    That's actually one of the bits I'm pretty certain about! any other thoughts? Cheers though :)


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


    alexlyons wrote: »
    That's actually one of the bits I'm pretty certain about! any other thoughts? Cheers though :)
    I wouldn't be too sure about that. How does an Irish Courts system, for example, enforce a judgement against a business that does not have a presence or an address in Ireland?

    Either way Irish Law has nothing to do with this as we are dealing with Contract Law here - not consumer law.

    Yes, you may have had a contract with the seller. I say may because it depends on a number of factors and the terms and conditions that you agreed to. Some say they have not committed to selling an item until it is dispatched.

    IMO (without knowing the full facts) you probably do have a valid sales contract.

    My question is, what are you realistically going to do about enforcing it?
    Bring them to the small claims court? Where? Here or in the UK? Use the ECC to try and sort it out?

    My advice, either sort out a full refund with the seller or charge back if you do not get the refund and purchase the item somewhere else. The reason I say this is if you think they are being awkward/incompetent now then try them out if something happens to go wrong with the item at a later stage. Sometimes price is not everything.

    You live, you learn, you move on.


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    #5
    alexlyons
    Registered Users Posts: 2,182 ✭✭✭alexlyons


    axer wrote: »
    what are you realistically going to do about enforcing it?

    TBH, not much unless I know they're definitely breaking the law. That way, I can throw a few legal things at them, and they (online retailers in general) generally back down and give in. I've had waaay to much experience with this!

    axer wrote: »
    if you think they are being awkward/incompetent now then try them out if something happens to go wrong with the item at a later stage.

    I have ordered from them before and there service was grand, price was brilliant and the quality was second to none, so this would really be my last resort, but it is definitely an option in my book.
    axer wrote: »
    Sometimes price is not everything.
    +1 on that
    axer wrote: »
    You live, you learn, you move on.
    quite a fan of this actually. do something everyday that scares you :eek: :P


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    #6
    IKOS
    Registered Users Posts: 77 ✭✭IKOS


    alexlyons wrote: »
    TBH, not much unless I know they're definitely breaking the law. That way, I can throw a few legal things at them, and they (online retailers in general) generally back down and give in. I've had waaay to much experience with this!




    I have ordered from them before and there service was grand, price was brilliant and the quality was second to none, so this would really be my last resort, but it is definitely an option in my book.


    +1 on that


    quite a fan of this actually. do something everyday that scares you :eek: :P

    hi OP,

    Have a look at European Communities (Protection of Consumers in Respect of Contracts made by means of distance communication) Regualtions, 2001.

    You know you have a cooling off period here to reject the goods? I know you are having trouble (non delivery) but you can cancel the order at any time before dispatch and then after you have 14 days to reject the goods.

    You shall be liable for the costs of returning the items to the supplier.

    Hope this helps and I am not all over the place here!

    IKOS


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