> There is no contract if Google didn't send the phone. The commenter doesn't owe them money for something they failed to send.
Don't know about your jurisdiction, but in most countries I lived in the law works otherwise. The moment you checked out you have a contract. Seller not sending out the goods is failing their contractual obligations. But that failure does not cancel the contract, only allows you to execute the appropriate clauses of it (some of which usually lead to refund and cancellation). On the other hand, the delivery of goods doesn't usually prevent you from cancelling the contract (you usually have an obligation to return the goods in that case). The clauses injected by laws tend to make this very consumer friendly... But the ones I remember require you delivering a notice of cancellation and I'm not sure if failing payment counts as such (IANAL, I don't even know your jurisdiction, Yadda Yadda).
Don't know about your jurisdiction, but in most countries I lived in the law works otherwise. The moment you checked out you have a contract. Seller not sending out the goods is failing their contractual obligations. But that failure does not cancel the contract, only allows you to execute the appropriate clauses of it (some of which usually lead to refund and cancellation). On the other hand, the delivery of goods doesn't usually prevent you from cancelling the contract (you usually have an obligation to return the goods in that case). The clauses injected by laws tend to make this very consumer friendly... But the ones I remember require you delivering a notice of cancellation and I'm not sure if failing payment counts as such (IANAL, I don't even know your jurisdiction, Yadda Yadda).