Breach of Contract

On 23 November, I app**** online for a Vodacom Black Friday deal (Nokia 8 Sirocco). Not having been contacted to confirm the success or otherwise of my application, I contacted Vodacom Sales ( ********** ) on Monday 26 November. I dealt with a consultant who informed me that my application had been successful and that I would be receiving my device the next day. I repeatedly asked him if there was anything outstanding, but he assured me that all was in order and that the contract had been concluded. He further advised me that I would receive an SMS from RAM couriers after the call to confirm delivery.

I did not receive any communication from RAM, so followed up with Vodacom on Tuesday, 27 November. I was then informed that on their system, my application was still pending. I requested to speak to the agent that assisted me initially to try and clear things up. Upon speaking to said agent, he attempted to backtrack and denied having advised me that my application had been finalised. I fortunately record my communications, so was able to point this out to him. He then attempted to make several rather outlandish excuses. Ironically, had he simply told me that he had made a mistake leading to my application not being finalised, I would probably have left the matter there.

Given that I was not getting anywhere with the consultant, I asked to speak to his supervisor. I was then transferred to his team-leader. I recounted the events to her. She apologised and advised me that she would email the team leader of the department dealing with getting devices to customers and that I would receive the device before Friday 30 November.

However, I once again received no correspondence from RAM. I thus followed up again and was informed that my application was in back order, as there are currently no devices in stock. I then asked the consultant to confirm when stock would be available. She indicated that she could not confirm this and that furthermore, she was not even sure whether new stock would be acquired.

The above has left me beyond frustrated. I have had two unequivocal undertakings that a contract has been concluded and that I would be receiving the device forthwith. As indicated, I have recordings of these communications. Yet now I find myself in a position where I have to wait indefinitely to see whether or not the contract will be honored. It must surely be possible to ascertain whether new stock will be secured by Vodacom and if so when. As far as I am concerned, Vodacom is in breach of contract and doing very little to communicate.