Bed paid for 6 weeks ago but not yet delivered now half price

dori2o

My brother bought a bed 6 weeks ago, he is still waiting for it to be delivered.

My parents went to the store today to 'browse' and noticed that the bed is now on sale for half the price my brother paid for it.

My parents are sure that as the bed has not yet been delivered my brother should legally get the bed for the current price (i.e. the sale price) but I'm not so sure.

Can anyone please provide an answer to this?

Thanks in advance.

marywooyeah

your brother is incorrect. you contracted to buy the bed at that price so you will have to pay full price. However, as you have already paid but they have yet to deliver, could you not cancel the order and place a new one for the now half price bed?

somethingcorporate

Sadly not, your parents are wrong.

Your brothered offered to buy the bed at the price it was at, the shop accepted your brothers offer.

He could see if he could cancel the order but there is no legal right to do so and the shop could recover costs against any refund due to the breach of contract.

You could try ringing and asking nicely.

Good luck!

dori2o

He is going to go to the store tomorrow and see if he can thrash out a deal.

The bed should have been delivered 3 weeks ago but they say they have a problem with the suppliers so it will be delayed, they have not yet given an indication as to when the bed will be delivered.

Would this count as a breach of contract on their part, and could he cancel the bed due to this. Then he would (or get my parents to) buy it again at the reduced price.

marcowil

From Consumer Direct website

If goods are not delivered on time


The seller must deliver your goods by the agreed date. If no date was agreed, the seller must deliver within 30 days of the order being placed.
The seller should let you know if the goods can't be delivered on time. If you don't want to give the seller more time, the trader should reimburse within 30 days.
If the date for delivery has passed and you haven't received anything, treat it as though you had never placed the order. If you have already paid, demand a full refund.

somethingcorporate

dori2o wrote: »

He is going to go to the store tomorrow and see if he can thrash out a deal.

The bed should have been delivered 3 weeks ago but they say they have a problem with the suppliers so it will be delayed, they have not yet given an indication as to when the bed will be delivered.

Would this count as a breach of contract on their part, and could he cancel the bed due to this. Then he would (or get my parents to) buy it again at the reduced price.

Without going in to too much detail about contracts he probably couldn't use slightly delayed delivery as a reason to cancel the contract, especially if he did not make aware the requirement for quick delivery when he was purchasing.

However, this would seem an excellent reason to negotiate on the price - if he is nice about it I am sure they would be happy to do something about it.

Good luck and keep us informed on how it goes.

How did he pay by the way? If delivery continues to spiral and company refuse to do anything then he may be able to use the credit card company as a source of leverage.

Zandoni

I wouldn't doing any negotiating at all on the price, I'd just tell them that you are not prepared to wait any longer for the delivery and you wish to cancel.

Once you have your money back you can buy it again

londonbabe73

hi,

same thing happened to me with a b&q bathroom , i was very nice about it and rang up and enquired if i could have the discount as it hadn't been delivered ( and i made it clear that i would be re ordering ) and they were fine about it saved £300 quid so not to be sneezed at . as they say you dont ask you dont get the thing to remeber is that they DONT HAVE to give it to you so be nice

Apples2

dori2o wrote: »

My parents are sure that as the bed has not yet been delivered my brother should legally get the bed for the current price (i.e. the sale price) but I'm not so sure.

By that logic, if the bed had doubled in price, would you be happy stumping up another whack of wonga??

Always worth a good feet stamping session in the store I suppose but I don't see as there are any rights you have to make them drop the price.

bigheadxx

Delays in deliveries

If you have been given a date for delivery, your goods must be delivered by that date. If they aren't delivered by then, the trader will have broken their agreement with you, and you are entitled to ask for compensation.

If you have not been given a proper date for the delivery, you won't be able to claim compensation. However, if you think you have waited a reasonable time and the goods still haven't arrived, you should write to the trader, giving a firm date for delivery. This is called 'making time of the essence'. If the trader doesn't stick to this date, you can claim compensation.

If you bought your goods by distance sale, for example by mail order or over the internet, your rights will be different. For more information, see under heading Distance selling.

When you claim compensation for late delivery, the trader may offer you a fixed sum of money. However, you can make additional claims for other losses on top of this, such as the costs of a taking a day off work while you were waiting for goods which didn't arrive.

As well as claiming compensation, you would also be entitled to cancel your order and get your money back. However, if the trader doesn't agree to do this, you may have to go to court to try and get your money back

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm#Deliveries