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Goods gone missing, help!

wayne2606
wayne2606 Posts: 1 Newbie
edited 15 January 2010 at 8:09PM in Consumer rights
I purchased an Ex-Display gas cooker from comet on 28/12/09 and agreed delivery to be made on Weds 13/01/10 but it didn't turn up!

On calling the store that day I was advised that the cooker has gone missing.

I have again called today with promises of a return call and to head office who claim they will investigate.

The cooker has been purcahsed on a buy now pay in 6 months scheme.

What are my rights if it dosen't show up?

Do I get my money back
or
Do I get the same spec cooker delivered ( which is what I would prefer)

I would be happy to accept a brand new cooker at the same price that I have paid for an Ex-Display but do I have the right to demand delivery of the goods purchased?

Also they are in Breach of contract for not delivering on the specified date/time without contacting me, and will not give me a firm date when they can deliver the goods.

Thanks for any ideas/ help

Comments

  • Esqui
    Esqui Posts: 3,414 Forumite
    Yes, they are in breach of contract, and you would be within your rights to cancel. However, chances are, it's probably been mislaid at their delivery centre and they'll find it very soon and deliver it.

    God knows that happens a lot to me. And if the store's people are anything like I am, they'll be raising hell with the delivery centre until they sort it out.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • cattie
    cattie Posts: 8,844 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    wayne2606 wrote: »
    I would be happy to accept a brand new cooker at the same price that I have paid for an Ex-Display but do I have the right to demand delivery of the goods purchased?

    I'm sure you would be happy to accept a brand new A1 cooker in it's place :rotfl::rotfl::rotfl: but I don't think they are under any obligation to supply you with such a cooker.

    You bought a one off item that currently is nowhere to be found, so you can't demand that it be delivered. All you can really do is demand your money back if they are not willing to supply you with a replacement cooker & ask for some kind of compensation for hanging around for a non delivery & for the inconvenience you've been put through over the fiasco.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
  • Comet_company_representative
    Comet_company_representative Posts: 175 Organisation Representative
    wayne2606 wrote: »
    I purchased an Ex-Display gas cooker from comet on 28/12/09 and agreed delivery to be made on Weds 13/01/10 but it didn't turn up!

    On calling the store that day I was advised that the cooker has gone missing.

    I have again called today with promises of a return call and to head office who claim they will investigate.

    The cooker has been purcahsed on a buy now pay in 6 months scheme.

    What are my rights if it dosen't show up?

    Do I get my money back
    or
    Do I get the same spec cooker delivered ( which is what I would prefer)

    I would be happy to accept a brand new cooker at the same price that I have paid for an Ex-Display but do I have the right to demand delivery of the goods purchased?

    Also they are in Breach of contract for not delivering on the specified date/time without contacting me, and will not give me a firm date when they can deliver the goods.

    Thanks for any ideas/ help

    Hi Wayne2606

    My name's Phil and I'm from Comet.

    I'm sorry to hear of the problems that you have experienced with your cooker purchase.

    If we are unable to locate the cooker you purchased, you would be entitled to a full refund of the purchase price. Alternatively, we will do our best to find you a suitable alternative model up to the purchase price.

    If you would like to send me an e-mail via the link below with your purchase information I will investigate this matter further for you.

    https://comet.custhelp.com/cgi-bin/comet.cfg/php/enduser/ask.php

    You will need to register a few details with us to send your e-mail in.

    Thanks
    Phil
    Official Company Representative
    I am the official company representative of Comet. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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