Advise please

[John_374564913]

In March 2011 I purchased a Quest Dome Awning from a major caravan equipment supplier over the WEB and paid in full.
A day later I ordered accesories for the Dome Awning from another major equipment supplier over the WEB and again paid in full.
Note both payments were made by Visa Electron card.

It was anticipated I would have the goods by late april so I booked a holiday from the 29th of april until the 2nd of May 2011 on Blackpool CC site so I could tst the awning but unfortunatly it did not arrive.

I contacted quest directly and they said they anticipated receiving them in May and would ship them immidatly they arrive in there wharehouse.
I contacted Quest today and they are now saying late May Early June. However I have already booked a four week trip to Europe
begining on the 16th of June 2011 and do not want to be with out my Dome awning.
I appreciate that no delivery date was specified by either of the equipment suppliers, and I am also aware that under the Sale of Goods Act if no date was mentioned then it should be considered a reasonable time for delivery should be 30 days.
However my dilema is I do not want to cancel my order and I dont want to be going on holiday without an awning.
Does anybody have any suggestions as to what I can do regarding either of the equipment suppliers or quest leisure

John

 

[ValA.]

I can't help with the delivery, or the legal aspects I'm afraid, but just a suggestion on how to manage without the awning you ordered!When we were on a pitch where we just couldn't fit our own full-sized awning, and the sun was very hot so we needed shade, we bought a cheap 'gazebo' from a French supermarket, which only cost about 12 euros! We installed it almost up to the side of the van, and put our fridge, tables and chairs, awning carpet, and loungers under it - out of the sun or the rain!
We've never had a problem on French campsites with leaving things outside and continued to do so when we used the gazebo. If we were going out anywhere and thought rain was likely then we put the fridge on blocks under the table, and moved everything into the middle and left it plugged in!
Now my sons borrow it when they go camping.

 

[ProfJohnL]

Hello John,
You have basically summed your position quite accuratley.
Unless a latest delivery date is specified as part of the order and thus contract process, the supplier is not committed to any specific date you may have in mind. However you should expect a reasonable delivery, but for unstocked items you will probably find the supplier has a none or late delivery clause in thier terms and conditions. Do check the T&C's usually printed on some of the paperwork you should have been given or on their web site.
I suggest you contact the supplier and discuss options. They may have an alternative product available, or as gesture of good will they may offer you a better product for the same price, They may have a customer returned product (negotiate a big discount for this) or you could request a refund and source your awning from another supplier.

Ultimately and being realistic, the lack of an awning will not stop you from taking your holiday, The caravan will still function without one. It may be inconvenient, and less than ideal, so I dont think you have any claim on the awning supplier for loss of holiday or inconvenience.

If you can't find an alternative supplier one, Do any freinds have one you may borrow? or talk to your caravan dealer who may have secondhand one. If necessary consider a seperate frame tent that can be pitched against the caravan and used like an awning.

Ultimately if the deal goes sour, then if you paid by credit card (not debit card) you have additional rights under the consumer credit act. see your cards T&C's for details.

But as a first action do talk to the supplier about the situation.

As BT used to say "Its good to talk"

 

[John_374564913]

Thank you for your comments and I have to agree they have me somewhat over a barrel as Quest Leisure are the only supplier of this product which is new to the market and well advertised.

You are correct it will not damage my holidays or stop me from going I do Have a full awning and a porch awning however my complaint is as follows.
Last March I paid over £1,200 pounds for an awning I am still waiting for this cash is in a suppliers bank account and has been for the past two months or more
Why and how can suppliers advertise for sale something that has not been manufactured, or imported into the country yet. (this could be considered deseption selling or offering for sale something that does not exsist.)
I am annoyed and would at least like a supplier to appreciate he has done something wrong
that is all

 

[GeorgeandAde]

I agree with you John.
That money could have stayed in your own account and earning you a little interest.
Adrian

 

[RickStevens]

Let me get this right. You have ordered an awning quite some time ago, that the supplier has no stock of, and they have taken payment for it?

Is that normal? Everytime I've ordered things where suppliers were waiting for stock, they havent taken any money out of my bank account until they've received stock, and despatched it to me

 

[John_374564913]

Thats correct steve

They have taken over £1,200 pounds and have no stock not even there supplier has any stock they are waiting for them to be manufactured and shipped to the united kingdom

This is what is getting me nobody cares and I am just expected to wait

 

[Mel]

Why not request a refund due to non delivery and then leave the dosh in your bank account untl such time as the company have the item in stock and then re-order.
mel

 

[forestgump]

choose a nother awning?

 

[Steve L]

I think you might some recorse under the sale of goods act and if the supplier has stated a general normal delivery period in his web advert you might have trades descriptions act on your side. I would *** down to your local CAB (Citizens Advice Beureau), they should be able to help.

If it were me, I would demand my money back plus interest and compensation for grief. But that would depend on what CAB say.

There are plenty of porch or full awnings avaiable second hand. Why not purchase one for your trip and then sell it on after. You should get your money back.

 

[forestgump]

i bagged a bargin on a dorema site half price for a maxima and used it 2 and it is great .

 

[ProfJohnL]

Quote
"This is what is getting me nobody cares and I am just expected to wait"

Hello John,

First and foremost this is a contractual matter between you and your seller. have you used and exhausted the seller complaints procedures? If not - do so before exposing too much in a public forum.

I can understand your frustration, but you have not supplied any evidence in this thread to suggest that nobody cares. It seems the company has given reasons for the delay. Unless your supplier were actually manufacturing the product themselves what more do you think they should or could do?

As no-one else on the forum was party to your transaction with the company we do not know the details, and often the devil is in the detail.

As you have clarified the fact that the delivery of the awning has no effect on your holiday plans, and hard as it may seem that aspect has to be ignored in respect of the companies obligation to you.

It boils down to the issue of where your money or product is, and has the company acted reasonably or not toward you.

Clearly they cannot supply something they have not got, so if as you say they are the sole supplier in the UK, then you are in their hands regarding availability.

Most professional companies have a standard set of terms and conditions that they uses to manage orders and contracts to supply goods and services. As soon as you place an order a contract is established and will be bound by the T&C's agreed at the time.

It is assumed that you have accepted the T&C's by the action of placing an order. The T&C's should be available for inspection before the order is placed, and most web based companies have a dedicated web page for the T&C's.

Any variations to T&C's must be must be agreed by all parties to the contract and made before the order is placed.

If the T&C's were available but you chose not to read them then that is your oversight and regardless of your wishes you are bound by them as they form part of the formal contract created when you placed the order.

If they were not available for you to see before placing the order then the company could have difficulty defending their position if challenged. It is also likely that the distance selling regulations apply (These are your statutory rights).

The company will have acted unreasonably, if they either said the product was in stock when in fact it was not in stock or they did not tell you at the time of ordering that it was out of stock with no prospect of delivery.

However consider the possibility that the company had placed an order with their suppliers and had been given a firm delivery date. On the basis of stock being due on a given date, it is perfectly normal for a company to accept orders in good faith against the expected delivery. If the stock delivery is delayed for reasons beyond the companies control (ship sank, or customs and excise impounding the stock for inspection, natural disaster etc) they cannot be held liable for consequential losses unless that was enshrined in the contract - However the company ought take reasonable steps to expedite the delivery or to advise their customers of the delay and offer alternative arrangement

It is unusual for a company to take full payment for a product if it is not in stock. However if you offered full payment in advance then that was your choice, the company is not obliged to refuse it, however it may be unreasonable for the company to retain the payment if they were consistently unable to supply the goods for an unreasonable length of time.

So in my view and based on the above information it boils down to the following decisions:-
*Do you want to continue with the order?
*Do you want to renegotiate the order such that you only make full payment when the goods are available for delivery?
*Do you want to cancel get a full refund and take your business else where? (if you look on the internet you may find a supplier abroad - but watch out for import duty etc)

But as I suggested before communicate with the company. Ask them what they can do or what do they suggest. Use their complaints procedure before divulging too much on a public forum