Loss of Bargain - help!

Jesamine

I ordered an item from a company during their recent 'Home Event' (20% off, not mentioning the company, but you can guess!). I was due to collect in store this week, turned up to find no item.

I received an email saying it had been despatched and that they accepted my offer to buy, but on speaking to a customer services advisor I was told that I had been refunded. The item was lost en route, and they have no more in stock. The item is not an own brand, but widely available in John Lewis, Comet and Argos at the higher price.

I am speaking to a CS manager this morning - what can I ask for? They want to credit my account with £10, which is nice, but the difference between my perchase price and the current selling price is £40.

Freddie_Snowbits

Offers exist to tempt the customer. Offers can be withdrawn or superseded. I assume you did not get one during the offer, but the money is burning too much of a hole in your pocket. You have really two choices, give short thrift to a customer services persons in the vain hope they will be willing to do something, but actually waste your time. Note, they will not be wasting their time, as they are being paid, albeit the minimum wage.

Or you can wait for the item in the sale.

But, hold on, you mention John Lewis. If I interpret your post correctly, if this item is something of a white good or oggle box, I think to most in the parish, the 5 year guarantee that Mr Lewis offers would far out weigh you £40 saving.

So, really you have a choice.

For the money burning your pocket problem, I suggest going to your doctor and asking for some upper limb reduction therapy, it is available in most Middle Eastern countries for free, but unfortunately it is not reversible.

Jesamine

Thank you for your concern over my flammable money.

Surely the fact that I have paid and that they accepted my offer ( I have a despatch email stating this) means that I am entitled to the item under contract law? If they cannot supply the item, then I would like them to give me the difference between their price and another store. Am I wrong to ask for this?

The item is not a white good, and currently has only a 1 year guarantee at John Lewis, unlike my shop who offer 2 years, another reason for choosing to shop there.

Also, I do not yet have the money- technically they have refunded me, but the money does not get credited to my account for several days. I cannot purchase the item elsewhere until I receive my refund.

Zinger549

Jesamine wrote: »

Thank you for your concern over my flammable money.

Surely the fact that I have paid and that they accepted my offer ( I have a despatch email stating this) means that I am entitled to the item under contract law? If they cannot supply the item, then I would like them to give me the difference between their price and another store. Am I wrong to ask for this?

As far as I know the contract is formed once you receive the item. There is not much you can do I think. Just have to wait for the refund and order form somewhere else, if you still want the item.

Freddie_Snowbits

Jesamine wrote: »

Thank you for your concern over my flammable money.

Twas in jest. :beer::beer::beer:

If you tell others wehat you are after, some in the parish amy offer better help to get you the item/

Jesamine

I gathered as much, Freddie_Snowbits; humour is certainly needed when dealing with *a certain store's* customer services!:beer:
In answer to your question, I would like the item! I don't care where it is from now, although a 2 yr guarantee is preferable to 1 yr, but I'd like it at the price I'd ordered it. So, I'd like the store to send me a replacement or credit me the difference so I can go elsewhere. If I'd gone to John Lewis in the first place they could have price matched said store and I'd have the flipping thing by now!

So, how can I convince the CS manager when (if) they call?
Please!

To Zinger549 - I've read through a few threads on MSE about loss of bargain, notably the various B&Q sagas, and it appears that a contract is formed once the retailer accepts your offer to buy. This store sent an email on despatch stating that they accepted my offer. They also charged my card.

Jeff_Bridges_hair

Jesamine wrote: »

I gathered as much, Freddie_Snowbits; humour is certainly needed when dealing with *a certain store's* customer services!:beer:
In answer to your question, I would like the item! I don't care where it is from now, although a 2 yr guarantee is preferable to 1 yr, but I'd like it at the price I'd ordered it. So, I'd like the store to send me a replacement or credit me the difference so I can go elsewhere. If I'd gone to John Lewis in the first place they could have price matched said store and I'd have the flipping thing by now!

So, how can I convince the CS manager when (if) they call?
Please!

To Zinger549 - I've read through a few threads on MSE about loss of bargain, notably the various B&Q sagas, and it appears that a contract is formed once the retailer accepts your offer to buy. This store sent an email on despatch stating that they accepted my offer. They also charged my card.

You mention that it was lost in transit and they have no more stock left at the sale price. What else can they possible do for you? A £10 goodwill gesture sounds ok to me.. They cant help it if it has been lost in transit...

Jesamine

Thanks for your reply.

In answer to your question:
Why can't they get me another one? I could go to Argos/Comet/John Lewis etc and buy another one myself, but not for the price I paid my store. The item has not been discontinued, it's not a special order, they just don't have any more in stock at the moment. I would like them to supply the goods they promised when they accepted my offer! I don't want a refund and then have to pay more for the item when it returns to stock because they lost it.

And, it's not a small outlet I'm talking about here, it's a (reputable) major nationwide chain with 4 stores in my city alone.

Mark_Hewitt

Morally speaking - it sucks and they should order the item again and give it to you at the original price.
Legally speaking - All they have to do is give you back the money you've paid.

Jeff_Bridges_hair

Mark_Hewitt wrote: »

Morally speaking - it sucks and they should order the item again and give it to you at the original price.
Legally speaking - All they have to do is give you back the money you've paid.

What he said

Proc

Jesamine wrote: »

Thanks for your reply.

In answer to your question:
Why can't they get me another one? I could go to Argos/Comet/John Lewis etc and buy another one myself, but not for the price I paid my store. The item has not been discontinued, it's not a special order, they just don't have any more in stock at the moment. I would like them to supply the goods they promised when they accepted my offer! I don't want a refund and then have to pay more for the item when it returns to stock because they lost it.

And, it's not a small outlet I'm talking about here, it's a (reputable) major nationwide chain with 4 stores in my city alone.

There's no pleasing some people.

You've got a full refund and a £10 credit. And what is this crap with people wanting compensation for "Loss of bargain"?! Are people just making up things to compensate for?