exterminator

he says

"A couple of months ago I ordered a guitar from a local guitar store. It's quite a rare one so they had to order it in and said it wouldn't be in store until October "

the key there was October when the store said they would be able to acquire the item

then he goes on to say

This week I checked and it still isn't in and, as I've been offered another for less

this does seem as though the item is not going to be in shop in October as agreed

the post was made 13th October all the customer has to do is wait for the 1st of November and then he is entitled to a full refund if the store still hasn't acquired the item.

he of course should check on october 31st just in case

you are of course correct when you mention the agreed delivery time

Spoofy - the OP on making the post has not stated that the shop is unable to supply on a pre-agreed date, therefore this contract is still in place. If the agreed supply date cannot be achieved then that would be a different matter.... in which a breach of contract has occurred and the prospective purchaser would then be entitled to a full refund.

The purchaser cannot however at the time of posting insist on a refund simply because they have found the same item cheaper elsewhere, as appeared to be the case when the poster made his query.

As you have paid a deposit for an item that the store is unable to supply then that deposit is refundable go back and ask for your money and if they refuse ask them to put it in writing why they refused telling them that you will need that when passing the matter onto the relevant authorities, Clearly they have broken their end of the contract by not supplying you with the goods you paid the deposit for. do not accept any vouchers for instore goods and do not let them have the deposit slip back. remind them also that any costs to reconcile this will be added to the amount of the deposit. if they refuse to put it in writing [usually when asked to put it in writing they get a little scared] then go to the CAB or your local trading standards and explain what has happened. make sure you note down times you have spent talking to people about this matter and what you have done to resolve this. also make sure you have talked to the manager and not an assistant.

When you buy something from a shop you are entering into a legally binding contract. Therefore they don’t have to give you a refund simply because you have changed your mind. Only if one of your statutory rights is breached (i.e. that the item is damaged, of poor quality or not fit for purpose) do they have to give you your money back.

You have no right in law to cancel the agreement and if you do you could lose the deposit. Sometimes shops will be generous and allow you to transfer the deposit to another product, which in fairness has been agreed regarding the guitar in your situation. However, this is at the discretion of the shop and you do not have any right to demand that they give you a refund or even credit you with your deposit if you cancel an order.

A couple of months ago I ordered a guitar from a local guitar store. It's quite a rare one so they had to order it in and said it wouldn't be in store until October. I paid a £180 deposit (10%) of the guitar's price, and was given a printed receipt simply saying it was a deposit and the balance to pay.

This week I checked and it still isn't in and, as I've been offered another for less, I asked if I could therefore have a refund of my deposit and the salesman told me that my deposit was 'non refundable' but that I could spend it in store.

Are they legally allowed to do this? There was no contract signed at the time, and neither the sales person or the receipt doesn't mentions the deposit being non refundable.