Store sold goods to someone else for which I'd already paid for in full!

14007

Called into a well known DIY store last week and paid in full for goods. Due to the amount of goods purchased they offered free delivery for the following week. Received a phone call the day before the delivery was due advising that the goods had been sold over the weekend and they could not get hold of any more.

What are my rights? They offered to credit my visa card in full but I am not happy with this as I still need the goods. Can I demand to be supplied with an alternative brand, which is more expensive, but at the same cost as the original purchase?

Many thanks in advance,

Lee

Lifeisbutadream

Not sure about this one - someone will hopefully advise shortly, but just wanted to say I would be absolutely furious if that happened to me!

xocbc

My suggestion is to see the store manager in person. If you do not get anywhere ask to speak to a regional manager at head office. Be polite but firm in your demands and take the names of people you speak to.

I'd imagine that as you have paid in full, you have legal title to the goods so don't be fobbed off with a refund, it's the easy option for the store - they have sold what is legally yours.

You should be looking for a goodwill gesture due to the inconvenience. In my opinion the store should be supply you with a suitable alternative (and if it costs more they should take the hit).

4743hudsonj

as they are your goods they are required to supply you with the same goods of similar or greater quality.

if they dont in say 2 weeks.....(make sure theyre aware of this time limit in writing.... then you will source goods of equal or greater quality(DO NOT take the mickey here and make an unfair benefit from this as they may oppose it and a court wouldn't look upon it too kindly. be fair) and then send them the bill requesting they pay within 2 weeks otherwise you will take court action.

moonrakerz

4743hudsonj wrote: »

as they are your goods they are required to supply you with the same goods of similar or greater quality.

Not strictly true.

They have broken the contract with you, if they do not come to an amicable arrangement with you - you are entitled to buy the same/equivalent item elsewhere and they should pay for it, even if it costs more.

It is even easier if you paid by credit card, claim for the cost of the replacement item from the card issuer.

4743hudsonj

moonrakerz wrote: »

Not strictly true.

They have broken the contract with you, if they do not come to an amicable arrangement with you - you are entitled to buy the same/equivalent item elsewhere and they should pay for it, even if it costs more.

It is even easier if you paid by credit card, claim for the cost of the replacement item from the card issuer.

ok i worded it a bit oddly, thats why i just mentioned sourcing it themselves after 2 weeks or so

id like to think that in a civilised economy we can give companies a chance to rectify mistakes themselves.

14007

moonrakerz wrote: »

Not strictly true.

They have broken the contract with you, if they do not come to an amicable arrangement with you - you are entitled to buy the same/equivalent item elsewhere and they should pay for it, even if it costs more.

It is even easier if you paid by credit card, claim for the cost of the replacement item from the card issuer.

Sorry, never done this before how would I go about doing it?

Lee

4743hudsonj

14007 wrote: »

Sorry, never done this before how would I go about doing it?

Lee

the cc?

call up or go into branch of your cc holder
ask for a section 75 claim form and the rest is self explanatory

under UK law CC companies are jointly and severable liable for goods amounting to over £100 (even if £1 was paid on card and the rest by cash)

if the goods wernt worth £100 or you didnt pay on cc forget about what i just said lol

Mankysteve

Is there nto a store nearby they can do an internal stock transfer. I know its possible at the well know DIY store I work for. Just need to get one of their drones to go get em. Seems a bit pointless upsetting you bank when you could just go get a refund from them if you just want your cash back.

PasturesNew

What did you buy?

I mean, was it a whole bathroom suite, or are we talking about a plastic washing up set and matching bin?

14007

It was a 2for1 offer on rollls of insulation. I ordered & paid for 50 rolls at £6 each to get an extra 50 rolls free (I renovate houses). Everytime I phone I just get told 'no delivery date for new order'

I don't want my money back as I feel I got this it a very resonable price, which in parts makes up for all the times when I've needed to get something at night when all the builders merchants are shut and paying way over the odds.

As I see it if they didn't want to sell so much to me then they should never of taken payment.

Can I demand a similar product which they sell but its more expensive or do I need to wait for the delivery of fresh stock if it ever arrives?

Lee