Legal Question in Consumer Law in United Kingdom

refund entitlement online

I purchased some videogames from a thai game website. When the games arrived, the order was incorrect. A game I had ordered (delta force) was not there, instead another that I had not ordered (destroy all humans) was in it's place. I contacted the supplier explaining what had happened, also that I did not require the original game (delta force) any longer, and therefore could I have my account with their website recredited with the money, in return for me sending the incorrect game (destroy all humans) back to them. The supplier replied that a refund would not be possible, he said they would send delta force with my next order (assuming I would place a further order) and that I should keep destroy all humans. I thought a refund could be possible because the original game i ordered had not even left their warehouse. I am now stuck with a game that I did not order and do not want and have lost my money due to their mistake. I am just wondering where I stand on this matter and whether I am entitled to a refund by law.


Asked on 9/12/05, 4:44 pm

1 Answer from Attorneys
Andrew Dutton Legal -Zone

Re: refund entitlement online

Hello. Thank you for your question to Law Guru.

The failure by the videogames website to supply the game you ordered is a clear breach of contract. Under UK law you would be entitled to either the game you ordered or a refund of the money paid. Unfortunately however it would seem that the contract is not governed by UK law. This contract was made over the Internet with a Thai company and accordingly I suspect that it will be governed by Thai laws and outside the jurisdiction of the U. K. Courts.

I know nothing of Thai law but suspect that as in the UK you would have grounds to enforce the contract and either obtain the game you ordered or a refund of the purchase price. Such an action however would have to be brought in the Thai court. You will appreciate that this would be quite impracticable for the monies involved, and accordingly with some regret I have to advise that you have no practicable remedy in law. It is probable that the only course you could take is to put pressure by way of adverse public city upon the games supplier. Such a threat could persuade them to honour their obligations.

Andrew Dutton

Legal Zone

[email protected]. k.

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Answered on 9/13/05, 3:42 am


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