tag:blogger.com,1999:blog-3993498847203183398.post7190747297570318237..comments2024-03-28T09:19:27.451+00:00Comments on RevK<sup>®</sup>'s ramblings: Getting a refund out of Apple!RevKhttp://www.blogger.com/profile/12369263214193333422noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-3993498847203183398.post-32495556140557166462015-08-21T18:23:36.203+01:002015-08-21T18:23:36.203+01:00> Surely this isn't really a cancellation ...> Surely this isn't really a cancellation - since they failed to deliver the goods in the first place, they had never complied with their end of the contract, so weren't entitled to be paid for it anyway?<br /><br />It is not that straight forward, sadly.<br /><br />Apple and RevK had a contract, and one party’s failure to deliver on their side of the bargain does not excuse the other party from delivering theirs: RevK has a duty to pay and, in reality, in a situation such as this, had actually paid. Leaving aside consumer protection law and rights to a refund, his remedy for breach of contract is damages (and, probably in this case, a right to terminate if he wished).<br /><br />There are exceptions to this general rule, such as where one party tells the other that they are not going to be performing their obligations — what is known as “anticipatory breach” — and, in that circumstance, the other party can either accept the breach or insist on performance. If they accept the breach, all future obligations fall away and they can sue for breach at that point — however, here, RevK’s duty to pay arose *before* the breach anyway, and so would remain an obligation.<br /><br />(This is, of course, a legalistic approach, and it may be more practical to say “well, since you’ve breach the contract, I’m not going to pay you: sue me if you want the money, and I’ll counter-sue for your breach. Or we can just leave it there.” But, here, as RevK has paid, if Apple never delivered the watch and failed to acknowledge his consumer rights, his right is to sue for damages, not “not pay”.)Anonymoushttps://www.blogger.com/profile/18427000118752159232noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-90828578842900651622015-08-21T09:51:15.316+01:002015-08-21T09:51:15.316+01:00Surely this isn't really a cancellation - sinc...Surely this isn't really a cancellation - since they failed to deliver the goods in the first place, they had never complied with their end of the contract, so weren't entitled to be paid for it anyway?<br /><br />If and when they'd managed to get the product to you, then you'd have the option (and ability!) to return it for a refund; until then, you don't have the watch, so they shouldn't have your money either. That would have been an easy credit card chargeback, if they'd obstructed any more: "I ordered this item, their carrier lost it so it never arrived. Chargeback pls, kthxbye." End of story.jas88https://www.blogger.com/profile/05563592458314214904noreply@blogger.com