Consumer Rights-Paid for goods, comet won't supply

RIISHI

New Member
Jul 28, 2009
1
0
0
We placed an order for a fridge, which was confirmed by comet on the 29th may and also for which payment was taken. However we recieved a call on the to tell us that comet would not be able to supply this fridge on the 1st July as it was out of stock from the supplier and being discontinued (even though when we placed the order it wasn't known to being discountinued)

Me and my wife have had now two conversations with comet in regards to this. We were offered a refund or to pay extra for another fridge we had liked at the time. However that fridge has now gone up in price, the offers and voucher codes are no longer available compared to what it was when we were buying at the time. This annoys me as I had spent a large amount of time researching for this product smfthis not only means I would have to go looking for the product again, but would have to pay more now!

How is that fair, that due to comet either not allocating the stock correctly (which they should have done as the order was placed so long ago), or a mistake by the fridge manufacturer in not informing comet, we now have to pay more.

From my understanding, under the law if comet offer and I accept and comet have taken the payment (which they have), and then sent me an order confirmation, then it becomes a contract to supply. As they have already taken the payment is it not their duty to supply me the goods? And if they can't they have to offer me some sort of compensation for the incovenience caused?

Plus is it also true that this is a contract between myself and comet and nothing to do with the frige manufacturer LG...if it is LGS fault then that is something comet have to resolve with LG?

Overall I want to check my rights on this and If I have a right to challenge comet for compensation like Ive stated above? And also advice from anyone else that has experienced similarly?

Rishi
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi,

Firstly, your contract is with Comet not LG.

They may have broken the law but it would be for Trading Standards to decide. The legislation is the Consumer Protection from Unfair Trading Regulations (CPRs). Switching is a trick used by scammers i.e. Advertise offer that doesn't exist then try to sell higher priced item when sale is made.

I am sure if you wrote a letter pointing this out they will offer you the higher priced item at no charge as they won't want you to tell Trading Standards about this.

This all depends on whether contracts had been concluded. Retailer terms often state that this only happens when the item is dispatched.