TV not delivered - eBay seller (Business)

nitra

Sorry but how have they refused to deliver the TV? they tried to deliver it the delivery company lost it hence 1) does not apply.

If I bought your TV and it was lost in the post, would you give me anything but my money back?

If it was something you needed and as such have suffered a loss then you might have a chance but with people starving in Africa I hardly think your lack of TV viewing can be considered a loss

Fire_Fox

evilskanker wrote: »

How can this not be a refusal to deliver the TV?

They could quite easily obtain the TV from an alternative source and send it to me, no?

The original TV allocated to me has been lost but I did not purchase a TV with a specific serial number or anything - just a model. The TVs are still readily available elsewhere, so how can this not be a refusal?

The TV you purchased was one in stock at the time, if it was not they should not have been selling on eBay. They can no longer supply the TV that you purchased through no fault of their own so are refunding. You are not left out of pocket and neither is the seller, the courier is because they are at fault.

"Product availability

When buyers bid on or purchase an item on eBay, they should feel confident that the item is available and will be delivered in a timely matter.

What to do
You must make sure the items you’re offering are in stock for the duration of the listing and are delivered to the buyer, unless the buyer doesn't meet the terms of your listing.
For multi-quantity listings, make sure you have ready access to all the items you’re offering. For pre-sale listings, make sure you'll have ready access to all items on the release date.
If you run into an inventory problem that's beyond your control, you're responsible for letting the buyer know when the item will be available or issuing a refund immediately for the full amount.

What not to do
You must not:
List an item that may be out of stock by the time of purchase
List an item that you're simultaneously selling outside of eBay
Offer an item that may not be what's delivered to the buyer
Offer an inflated number of items in a multi-quantity listing"
http://pages.ebay.co.uk/help/policies/selling-practices.html

TonyMMM

You have a case(for their breach of contract), but they have a defence ( the loss by the courier).

You have every right to take the matter to court - but by no means a guarantee you will win......

Fosterdog

Amcg100 that's not how the law works.

As for supplying another TV, they don't have anymore to send you, they can't physically send you something that they don't have. Other sellers still having them is of no relevance whatsoever if the retailer you chose to buy from doesn't have them.

They were quite a bit cheaper than other sellers, they probably bought a certain number from their supplier at a reduced cost to be able to pass that sort of saving on to customers. Any additional they buy are more likely to be at a higher cost so they would then have to charge more for them.

If you really don't like what people are telling you when we are going out of our way to help you and explain how consumer law works then by all means ignore us all and put in a small claim. I wish you the best with it but don't hold out any hopes of winning, it will just cost you to claim and unless you win the claim can't claim costs back.

DCFC79

I do enjoy threads like these, some good posts.

wealdroam

OP, loss of bargain might be a phrase worth googling.

Read this...

http://www.bitterwallet.com/bq-%E2%80%93-the-dishwashers-with-no-discretion/13425

evilskanker

Thanks everyone. I'm not meaning to sound ungrateful for anyone's replies but as far as I understood contract law, they have breached the contract and I am entitled to pursue a damages claim against them. I will look into it some more and see what happens. They have offered a small amount of compensation now. If I can get it up to a more reasonable amount, I will be happy (and it will save me a £25 court fee to see whether my basic understanding is wrong or right)!

Fosterdog

Wealdroam, while I don't know much about loss of bargain I have looked into it a bit when it's previously been suggested to people ( usually when an item is advertised as in stock when actually out of stock) and I can see where it can be argued however just looking into it for non delivery at the fault of a third party and found another forum which somebody had almost the exact same situation as OP (different item and retailer though) they took it to court and the judge rules against them as the retailer had done nothing wrong.

http://www.legalbeagles.info/forums/showthread.php?26154-Loss-of-Bargain-clarification

I can understand the frustration with this, I certainly wouldn't be happy if it happened to me but at the same time the seller is also a victim of the courier companies error and will not be profiting from this as they can only claim for the loss of the item which will then be refunded.

wealdroam

Fosterdog, I value your opinions.

I have made three posts on this thread:
1) suggesting that the OP may have no claim other than a refund,
2) suggesting OP seeks advice from a solicitor,
3) giving the OP some more homework.

Pretty balanced, in my view.

Of course, it is for the OP to decide on his next step, but he will now be better prepared to take that step.

unholyangel

evilskanker wrote: »

(and it will save me a £25 court fee to see whether my basic understanding is wrong or right)!

Would cost you more than that. £25 is just the lowest filing fee. You have court fees on top of that. Cheapest actual hearing fee is £30 (from what I remember) so looking at £55 or so to find out whether you're understanding is wrong or right.

Loss of bargain may be possible but being honest, it only applies in limited circumstances as it is notoriously hard to win although there have been a few. If you have legal cover on your insurance, it may be worth giving them a call and putting your premiums to use.