Zanussi Integrated dishwasher - £94 delivered @ B&Q Possible misprice

RAGSTORICHES

As I was saying earlier if it is a mistake why are they leaving it so long before informing people and refunding their money?

mattwallisuk

Moneyclaim will do just what B&Q are doing at you TBeckett100, laughing... especially if you actually sent them that letter you wrote less than 3 days after ordering, threatening legal action ahhaha.

BaileyB

Ok little update:

Just got 3 texts from B&Q confirming delivery next Wednesday.

Now, i made 3 orders and have 3 order numbers

1 dishwasher
1 induction hob (after i bought the dishwasher)
1 cooker - this was bought instore

Now do B&Q send you texts per order or per item?

zenseeker

Fantabulous wrote: »

Once the money has been taken from an account it forms a legally-binding contract for B&Q to provide the goods.

B&Q must honour that contract even if it is to provide a similar item for the same price

not until the items have been dispatched, they can refund you and cancel the order at any point without giving a reason.

taxiphil

Toto wrote: »

I really can't see moneyclaim will do anything other than get you a refund, which you would get anyway without the hassle.

I have had many times before when companies haven't been able to supply goods for whatever reason and they've just given me my money back, which is fair enough, there is no actual loss here other than a penny or two interest.

The claim would be for loss of bargain arising from the breach of contract.

There seems to be a common misunderstanding on here about the remedy for breach of contract. It isn't to put the claimant in the position they were in before the contract was formed (i.e. a refund of £94), it's to put the claimant in the position they would have been in had the contract been performed. Ergo, if B&Q can no longer give specific performance by supplying the dishwasher because they don't have any left, the court would award damages for the extra amount the claimant must now pay to buy the same model elsewhere (loss of bargain).

zenseeker wrote: »

not until the items have been dispatched, they can refund you and cancel the order at any point without giving a reason.

I'm not sure where you get that idea from. The contract is binding upon their acceptance which has already taken place in the form of their confirmation e-mail and taking payment.

ooglewoogle

taxiphil wrote: »

I'm not sure where you get that idea from. The contract is binding upon their acceptance which has already taken place in the form of their confirmation e-mail and taking payment.

Yeah, I'm inclined to agree that Q and Buy might be on a stickier wicket here. Like many others here, I have been involved in these things quite a few times before. There is always someone shouting their rights (as was each of us our very first time I would think:rolleyes:), and vowing to take the matter to the bitter end. Very rarely has anyone been successful.

The difference here, as has been mentioned, is that the price was genuine...not a clear pricing error. No doubt if they play the long stubborn game, I'll just grudgingly accept the refund. However, 3 days has past and no refund is forthcoming. No notification of the goods being unavailable has been received. I will be very unhappy if they decide to wait the 10 days quoted for refund.

So...the question is: who's going to be our testcase and set a precedent?

Could be interesting.

zenseeker

taxiphil wrote: »

I'm not sure where you get that idea from. The contract is binding upon their acceptance which has already taken place in the form of their confirmation e-mail and taking payment.

All online companies have a clause which allows them to back out of a sale prior to despatch, looks at the T&C of any company and you will find it.

http://www.diy.com/diy/jsp/bq/templates/content_lookup.jsp?content=/wcn/static_content/help/terms.jsp#TWO

B&Q cannot accept your order until you have paid for it in full (including applicable delivery charges). Upon payment, we will confirm acceptance of your order by e-mail which will be sent to the e-mail address you provide on your order details. Whether or not you receive the e-mail, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion.

The important bit is the last line, it allows them to back out and refund you.

Argos give a better example:

http://www.argos.co.uk/static/StaticDisplay/includeName/TermsAndConditions.htm

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it

Until the item is despatched, they can refund and back out.

taxiphil

zenseeker wrote: »

All online companies have a clause which allows them to back out of a sale prior to despatch, looks at the T&C of any company and you will find it.

http://www.diy.com/diy/jsp/bq/templates/content_lookup.jsp?content=/wcn/static_content/help/terms.jsp#TWO

The important bit is the last line, it allows them to back out and refund you.

Argos give a better example:

http://www.argos.co.uk/static/StaticDisplay/includeName/TermsAndConditions.htm

Until the item is despatched, they can refund and back out.

Those kind of clauses would be laughed out of court by the judge. See my earlier post:

http://forums.moneysavingexpert.com/showthread.html?p=18082945#post18082945

zenseeker

taxiphil wrote: »

Those kind of clauses would be laughed out of court by the judge. See my earlier post:

http://forums.moneysavingexpert.com/showthread.html?p=18082945#post18082945

No they wouldn't, they stand legally. Any online retailer can, quite legally, back out of a sale at any point prior to despatch, every company has that clause. They may enter into a contract with you when they charge the card, but they can sever that contract by handing your money back to you, and there is nothing that you can do about it.

Another example:

http://www.superdrug.com/page/termsandconditions

2.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and giving an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.

It's the very same reason that you can cancel an order prior to despatch. If the contract was so solidly binding then they could force you to accept delivery of the goods because you entered into a contract, but you have the right to end that contract, and so do they.

alanrowell

So who has dispatch information and when did they buy the dishwasher so we get some idea who has some chance of getting one.

Also how do you check your order online?