[chmaiden]

Hi
I ordered an AE Aegis Evo sub from empiredirect.com...they had 2 in their clearance section when i ordered 3 days ago. Unfortunately, they delivered a centre speaker!!! I as told to call back in the morning when I phoned to complain and get it switched, which I did, to be told that they had sold out and will just give me a refund. What are my rights here. I want the sub, which is £50 more expensive everywhere else. Am I right in thinking that as soon as they take my money that they are contracturally obliged to provide those goods at the price? Am I being reasonable if I ask them to give me the extra £50 to go elsewhere?
Not sure where I stand!
cheers
c

[Astaroth]

You would need to read the terms and conditions on their website.

If there are no get out clauses and they are deemed in breach of their contract then if you were to go to court the courts would most likely award the cost of you purchasing the item elsewhere (as long as you have prove that you have indeed purchased it elsewhere and what price you paid)

[Steve N]

Originally Posted by chmaiden

Am I right in thinking that as soon as they take my money that they are contracturally obliged to provide those goods at the price? Am I being reasonable if I ask them to give me the extra £50 to go elsewhere?
Not sure where I stand!
cheers
c

Sorry to say that you have no legal rights here.
It's not uncommon for suppliers to run out of stock wether by circumstances beyond their control or through incompetance.
The legal position is that they failed to supply the goods as described but that they acted correctly in offering you your money back in full.

See Sale of Goods Act posted by Soni, first page, 5th bullet point down.

In your position though, I would make a stink and argue your point about you losing out through errors on their side.
They may offer some form of redress in the interest of good customer relations.
Good luck