HP Photosmart Printer £19.99 *Out of stock*

sideboards

Just had this back from my local trading standards:
"Dear Mr *************



Thank you for your e-mail.

I have tried your phone number and left a message on it.



From what you say, you have entered a binding contract with Index and it is amazing that they say that there is no contract because you haven't signed anything.!



They should not be able to back out in this way unless the website stated 'subject to availability' and it is no longer available.

From what you said you received confirmation of availability.

You cannot literally force them to supply the printer nor prevent them from refunding the money but I I presume you still have the print out of the transaction. If you have , I would advise you to write to Index stating that you entered into a binding contract with them and that they are in breach of contract by refusing to supply the goods.

You should then state that if they refuse to supply the printer then you will purchase it elsewhere for £99.99(or could be an Index shop) and then pursue them for 'loss of bargain'. (ie; the difference in price between the one they refused to sell you and the one you have bought).Make it clear that you intend to pursue this through the small claims court if necessary and that you have consulted Trading Standards


Please phone me on the number below or 01283 ******* if you wish to discuss the matter further.


Regards"
Then a 30 min telephone call as we talked I sent her piccy's of the catalogue and screenshots of the actual web page it was ordered from and the acceptance emails.
At one point she just laughed and said it was a shame as she needed a new printer and would have loved to have ordered one.
The top and bottom of this is they are in breach of sales act for not suppling goods that were advertised, breach of contract for a "loss of a bargain" and this is the one that will win it in the small claims court as long as when you buy it else where you dont pay more than the original fee of £99.99 and then they will have to pay you back the differance to their price.

Googlies_2

So which county court shall we all meet up in?  ;D

Their Legal representitives would have to attend the local county court of each & every claiment, should keep them busy for quite a while

whoop-dee-doo

Hang on, so if we do just get a refund, the delivery costs of £4 will not be refunded?

Why does this keep coming up, it's ludicrous to think you wouldn't get a full refund. Incidentally for those that are asking for a refund of any type, are you not ending the contract of your own accord?
For 20 quid I'm happy to let them keep it for a while whilst they source my printer!.

A good post by 'Sideboards' that discusses the loss of bargain aspect i.e buying from elsewhere and claiming back the difference. Indeed I have since bought the same printer for £89.99 and intend to pursue this line if neccessary. Where did I buy it? Index in-store! (cat no:110-185, under the 16 day return policy). This way another shop doesn't get involved which may keep Index happier

aliasojo

Sideboards: where in the country are you based?

sideboards

Good old Stoke on Trent......... ;)Staffordshire just in case you haven't heard of Stoke..

MarkR_2

Just managed to read up last couple of pages (still got problems with ntl broadband on and off) . Not sure if im glad or sad my order was cancelled!  Can understand everyone wanting to persue this one, as I agree with most of the comments on here about how badly index have handled it.
Was having a throw out last night (cos couldnt get on line had to find something else to do) and found Index christmas leaflet ( the thick purple one ) "The" printer is in there page 124  with an order code number  110 185 at £89.99 , ok thats prob no help but wont thow it out just yet in case it is.

aliasojo

Good old Stoke on Trent......... ;)Staffordshire just in case you haven't heard of Stoke..

I think maybe you've heard of how bad my geography is though, lol. ;D

sparky61

At last a reply from Index.
This is it:

Thank you for choosing to shop at https://www.index.co.uk.

Unfortunately due to high demand, the printer is now out of stock. At present we do not have an expected delivery date for further supplies. However, you can try to re-order the goods in 2-3 weeks when there could possibly be more stock available.
We have arranged collection for 14.01.05. To receive your refund please contact us with the returns receipt once the goods are collected.
Please be advised the correct product/catalogue number for the printer is 110-185 not 110-085.

Please accept our apologies for any inconvenience that may be caused.

We look forward to seeing you online soon!

Kind regards,



Index Customer Care

On behalf of Jeanette Clennell - Online Customer Services Manager
https://www.index.co.uk
The A-Z of shopping online

whoop-dee-doo

What a con!

Although at least they acknowledge you ordered a printer. As for trying to re-order in 2-3 weeks, they aren't going to get more in surely, it's discontinued. They even say "At present we do not have an expected delivery date for further supplies", not because they are unsure of the delivery date but because they haven't got any on order!. They are giving the impression that you might be able to place another order at £19.99 (once they have had chance to refund all the original orders) - you won't.

Anyway, they have instore stock, so if you can take stock back to the store for a refund (unlike other retailers who keep the web and store seperate) why can't you collect stock from the store?

Collection of the stick has nothing to do with a refund (unless you want a refund that is), they have sent you goods that you did not order. If you request a refund with the returns receipt you are cancelling your printer order and they know it. You don't need a refund for the stick, you didnt pay for that.

sparky61

What a con!

Although at least they acknowledge you ordered a printer. As for trying to re-order in 2-3 weeks, they aren't going to get more in surely, it's discontinued. They even say "At present we do not have an expected delivery date for further supplies", not because they are unsure of the delivery date but because they haven't got any on order!. They are giving the impression that you might be able to place another order at £19.99 (once they have had chance to refund all the original orders) - you won't.

Anyway, they have instore stock, so if you can take stock back to the store for a refund (unlike other retailers who keep the web and store seperate) why can't you collect stock from the store?

Collection of the stick has nothing to do with a refund (unless you want a refund that is), they have sent you goods that you did not order. If you request a refund with the returns receipt you are cancelling your printer order and they know it. You don't need a refund for the stick, you didnt pay for that.

I hadn't thought of that.
I think I'll try and find it in stock locally and then request that option, no doubt they'll try and get out of it.
Don't worry I'm not giving up and I won't be in for them to collect the databar. (Well I will but I won't answer the door)
;D