Sale of goods and my rights

neilmcl

The quickest and easiest way to proceed is to demand a full refund and never shop with these shysters again.

arcon5

shaun_from_Africa wrote: »

They could claim for breech of contract and possibly loss of bargain.

I only suggested this as it would mean that the OP wouldn't need to pay the full price for the stool and then possibly have to take legal action for the recovery of the extra £50.
Yes, they would probably win the case (although this isn't guaranteed), and it might involve a lot of stress and time for the sake of £50.

I thought that a letter at this stage may be the quickest and easiest way to proceed.

So op would file a claim for £299 rather than £249 (or just £50 if they refunded her the purchase price of £249) ?

I would have thought op would have had to purchase a like for like stool and if that was a higher price then op could file a claim for the difference between the price paid and the new price, being the loss of bargain value... I could be wrong on this point though....

shaun_from_Africa

The quickest and easiest way to proceed is to demand a full refund and never shop with these shysters again.

But that ensures that there is no chance of the OP getting the goods that they chose and paid for (and for which payment was accepted), also it will ensure that the shop concerned won't be taught the correct way to deal with their customers or that they are not above the law.

10 minutes spent writing a letter to the head office of the chain concerned may not have any effect but on the other hand though, it might get the OP their goods at the agreed price.

So op would file a claim for £299 rather than £249 (or just £50 if they refunded her the purchase price of £249)

Not quite.
What I suggested was just that they write a LBA and submit it to the shop. IMO, there would be far too much time and stress involved in following through with legal action for the sake of £50, but simply writing a correctly worded LBA would be almost stress free and wouldn't take long to do.

The chances are that it won't have any effect, but then again?

unholyangel

arcon5 wrote: »

But what would they be claiming in the LBA at this stage? It would just be the original sales price which the company would likely refund anyway.

See my post #3....breach of contract via non-delivery.

shaun_from_Africa wrote: »

Yes, they would probably win the case (although this isn't guaranteed), and it might involve a lot of stress and time for the sake of £50.

I thought that a letter at this stage may be the quickest and easiest way to proceed.

Not to be a pedant but I believe the sum in question is £95 (New sum for 2 with a 5% discount being £568.10 - Agreed sum for 2 with 5% off being £473.10 = £95). Not a massive sum I agree but essentially it is a 20% increase in price, and same rules of "do you want to spend time fighting it out" apply.

But as we've advised, a call to consumer direct/trading standards along with a good worded LBA might be all that is required.

bris

What does the T&C's say, could it not be thet the contract is not concluded until delivered? This is normaly the case with mistakes on websites, would a salesman's mistake not be a similar thing.
The mistake has been noticed early and I am assuming they have offered to refund. If the op had the footstool in the car and was driving away when stopped by the salesman then of course the OP would not have to give it back, but not so sure about this one.
The T&C's should clear it up, if nothing is written about this situation the the OP would have a good case for a concluded contract.

unholyangel

bris wrote: »

What does the T&C's say, could it not be thet the contract is not concluded until delivered? This is normaly the case with mistakes on websites, would a salesman's mistake not be a similar thing.
The mistake has been noticed early and I am assuming they have offered to refund. If the op had the footstool in the car and was driving away when stopped by the salesman then of course the OP would not have to give it back, but not so sure about this one.
The T&C's should clear it up, if nothing is written about this situation the the OP would have a good case for a concluded contract.

Doesn't matter when its concluded. It matters when it is formed. Offer + acceptance = contract formation.

The only way websites are different is because of what can be taken to signify acceptance and hence it goes on what the website says is their "acceptance". And then contract is still formed either on email confirmation, payment or upon the goods being sent. Bricks and mortar shop is much simpler. They have offered to buy the stools at £473.10, the shop has manually accepted that and taken payment.

wealdroam

unholyangel wrote: »

Not to be a pedant but I believe the sum in question is £95 (New sum for 2 with a 5% discount being £568.10 - Agreed sum for 2 with 5% off being £473.10 = £95). Not a massive sum I agree but essentially it is a 20% increase in price, and same rules of "do you want to spend time fighting it out" apply.

Two stools, Unholyangel?
I missed that bit.

somethingcorporate

wealdroam wrote: »

Two stools, Unholyangel?
I missed that bit.

haha.

One for the OP and one for Unholyangel as fee for contributing their advice

unholyangel

sb22uk wrote: »

we asked if they could get us another 10%

wealdroam wrote: »

Two stools, Unholyangel?
I missed that bit.

Doh I read OP as asking for another at 10% off. Did wonder why someone would want 2 but *shrug* personally I wouldn't even want one, never mind 2 :rotfl:

Must remember not to answer posts while hungover. I suppose eating something should help.

Flyboy152

shaun_from_Africa wrote: »

But that ensures that there is no chance of the OP getting the goods that they chose and paid for (and for which payment was accepted), also it will ensure that the shop concerned won't be taught the correct way to deal with their customers or that they are not above the law.

10 minutes spent writing a letter to the head office of the chain concerned may not have any effect but on the other hand though, it might get the OP their goods at the agreed price.



Not quite.
What I suggested was just that they write a LBA and submit it to the shop. IMO, there would be far too much time and stress involved in following through with legal action for the sake of £50, but simply writing a correctly worded LBA would be almost stress free and wouldn't take long to do.

The chances are that it won't have any effect, but then again?

But, at what point was the contract formed? Has it, in actuality, been formed at all. We know from distance selling that the contract does not necessarily have to be formed when the goods are ordered and paid for, it is generally formed on dispatch. Would this be a similar concept here?

Sb22uk:

What does it say on the order form that you have? Does it say anything about when a contract of sale is formed?