TV not delivered - eBay seller (Business)

evilskanker

Hi

I purchased a TV from eBay around 2 weeks ago. It has not been delivered and the seller (a business, and listed as a business seller) has now confirmed that the TV has been lost by the courier and that they are unable to send a replacement as they do not have any stock (and will not be getting any).

The TV cost me £299.99 (brand new) but usually sells in stores for £404. The seller has offered me a full refund but am I right in thinkin that I am also entitled to £104.01 compensation so that I am in a position to acquire the TV from an alternative supplier?

I am under the impression that compensation must be paid to put the innocent party in the position that they would have been in had the contract been performed properly. Assuming they are unwilling to provide the additional compensation, I guess I would issue a claim through the Small Claims procedure online?

Thanks in advance for any help/advice.

Buzby

No - what gave you that idea? You are only covered for consequential loss if you insure against it. As it stands, you get your money back, and that is your legal entitlement.

Fosterdog

Your impression is wrong, you have to be put back in the position you were in before the contract was formed. In this case that will be with no TV and your money back

evilskanker

I was under the impression that as business sellers, they would be liable for compensatory payments as well. I have just updated my first post to make their status as business sellers more obvious.

evilskanker

As a business to consumer transaction I was under the impression SGA1979 would apply and in particular section 51:

51 Damages for non-delivery.E+W+S+N.I.
(1)Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery.
(2)The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract.
(3)Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) at the time of the refusal to deliver.

withabix

Still doesn't apply, but please feel free to waste your money on a Small Claims Court action and come back and tell us the outcome.

You confirmed their defence in your first sentence.

wealdroam

evilskanker wrote: »

As a business to consumer transaction I was under the impression SGA1979 would apply and in particular section 51:

51 Damages for non-delivery.E+W+S+N.I.
(1)Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery.
(2)The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract.
(3)Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) at the time of the refusal to deliver.

I think the key words in your quote might be...

Where the seller wrongfully neglects or refuses to deliver...

Has the seller done that?

evilskanker

wealdroam wrote: »

I think the key words in your quote might be...

Has the seller done that?

Well to me they appear to be refusing to deliver. It isn't my fault that they used an unreliable courier. Surely they could just claim for the loss from them?

evilskanker

withabix wrote: »

Still doesn't apply, but please feel free to waste your money on a Small Claims Court action and come back and tell us the outcome.

You confirmed their defence in your first sentence.

can you explain why it doesn't apply?

My first sentence says I bought a TV from eBay?

Buzby

evilskanker wrote: »

Well to me they appear to be refusing to deliver. It isn't my fault that they used an unreliable courier. Surely they could just claim for the loss from them?

You can be assured they will - it was their property, after all. Compensation to you is not a consideration unless they agree to a goodwill gesture. If you mean add your cost for getting it elsewhere - look up consequential loss.

wealdroam

evilskanker wrote: »

Well to me they appear to be refusing to deliver. It isn't my fault that they used an unreliable courier. Surely they could just claim for the loss from them?

I would consider asking a solicitor for their understanding before starting a small claims court action.