Obligation to supply?

A question about : Obligation to supply?

I'd appreciate a view on this situation.

Last week I ordered a TV off a well known internet retailer. The TV was priced at that time at £400, but there was one available under their 'Used and New' section for £340. It was described as being 'as new' but with the box opened. I imagined it was a return.

I placed an order.

Yesterday, on the 'Where's my stuff?' page it was showing that they had refunded my payment. I hadn't cancelled the order. I emailed to ask why and they just said they were unable to fulfil the order.

The TV is now priced at £450 on the retailer's site and there are no special deals under 'Used and New'.

I still want the TV. Does the retailer have an obligation to supply the goods once I've placed the order?

Thanks

Best answers:

• No they dont have an obligation to fulfill the order. There is no contract until goods are despatched.
• So there is no contract even if they have taken your money?
• The contract is formed when payment is accepted. You could try pursuing them under 'loss of bargain', although I'm not sure you would get very far.