Halfords sold my sons bicycle

nathan97

Hi there, I have already paid for my Son's christmas present of a Carerra Vulcan 09 version bicycle at Halfords costing £279. they said they would keep it until a few days before christmas so i dont have to worry about storage etc. I had a phone call this morning from Halfords, basically stating after a christmas storage stock take it no longer is in the warehouse and has been probably sold.they also said that an idential replacement is not available from there or any other store. Could anybody tell what my rights are regarding this matter, because the 2010 version of this cycle is £379 and I really dont want to pay another £100 extra. Are halfords obliged to give me the 2010 version. Any advice would be appreciated.:(

Many thanks

Nathan97

pcombo

Mistakes happen, All your entitled to is a full refund.

Maybe you could try contacting the "ceo as people say they do on this forum" and see what they say.

nathan97

Thx Pcombo, Surely though,Someone there should have noticed i had paid in full, so it was legally my property and it was not theirs to sell.

Regards


nathan97

arcon5

If op went elsewhere to buy the same bike, could it not be argued Halfords are liable for the difference?

They are required to put op back in the same position as before... with a bike...

Although whether thats right or not, take the refund and move on op... i'm sure you can find cheaper places than Halfords...

DCFC79

Can you not save up the extra to buy a bike from a local independant shop

Arg

How is that helping with his halfrauds problem?

arcon5

Arg wrote: »

How is that helping with his halfrauds problem?

oh deary me..

Equaliser123

arcon5 wrote: »

If op went elsewhere to buy the same bike, could it not be argued Halfords are liable for the difference?

They are required to put op back in the same position as before... with a bike...

Although whether thats right or not, take the refund and move on op... i'm sure you can find cheaper places than Halfords...

I agree. Apart from that contractual damages put the injured party in the position they would have been in had the contract been performed correctly (i.e. with a bike).

Halfords are, theoretically, liable to pay any difference for the same (i.e. not better) bike.

jd87

The OP hasn't taken delivery of the item yet. If you order a wardrobe for delivery from Argos and it then goes out of stock, surely you just accept the refund. You don't go running to the police or whatever saying "argos have stolen my wardrobe!" I realise this is an exaggeration but doesn't the same principle apply? A bike never became the OP's property yet so as long as Halfords refund then there's no loss to the OP.

nathan97

Its not about saving anther £100. Money isn't the issue, its the principle of the matter in question. I could have brought the bicycle home the moment I paid for it in full, but the sales person said "what's the point you may as well leave it with us until a couple of days before Christmas". So I did, wish I hadn't now.

nathan97

JD87 of course its my property, I had already paid for the item in full and have a receipt to say its mine.