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Old 4th December 2017, 09:08 PM
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Ruziko Ruziko is offline
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Post Am I in a contract with the company even when they have not taken my payment yet?

Hello,

Hope this is the right board to post in.

I ordered a "Walkers Zbox" from Zavvi on 13/09/2017.

The estimated delivery date showing on my orders information is 11/10/17.

As this came and went I contacted them saying "It says estimated delivery 11/10/2017. How come this has yet to be despatched?"

Their response was:

"Thanks for contacting us.

I am very sorry for the delay, we are currently awaiting one of the items that make up this great box, this is expected to be with us by the 19th and your order should be dispatched 24 hours later.

I deeply apologise for the inconvenience and disappointment caused by this.

I hope this has helped to resolve your query."

As expected, this came and went and over the course of the weeks that followed I kept getting told different dates; 27th October, 29th October, 10th November, 19th November, 23rd November (I was assured on the phone of this date)... The latest is "this week" which they told me last week.

They claimed on the phone that they are not subject to the 30 day rule by Consumer Contract Regulations because I have not paid for the item (they take the money upon despatch) and thus have no contract with them?

But surely my order itself is an agreement between them and I for them to fulfill the order so should be a contract?

Also, they regularly sell items on their website as "in stock" then claim they are unable to get it from the supplier weeks after the order is placed. Is this legal? To sell something you have no guarantee of providing?
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