Purchased Item lost during delivery, Can I ask for another of equal specification?

ThumbRemote

saayinla wrote: »

As far as mitigating loss is concerned, apart from Ebay where it sells for £270 upward the only other site where it is available is going for £379, would ebay be acceptable?

Only buy from ebay if it's new goods, from a proper business witht he manufacturers warranty. Otherwise you're not comparing like for like.

saayinla

ThumbRemote wrote: »

Only buy from ebay if it's new goods, from a proper business witht he manufacturers warranty. Otherwise you're not comparing like for like.

I thought so too.

saayinla

I had a word with tesco about this and as I couldn't find the TV from any other retailer for less than £379 , Tesco has come back to say that is not a reasonable difference hence they will not be able to pay it except pay me £30 to cover my trouble., I gave the option of asking the delivery driver to Collect from where ever he delivered to and re-deliver however they ain't having any of that either, what can I do in this instance.

saayinla

Reading further on Loss of bargain law, regarding mitigating loss. If I opt to buy the TV on Ebay Would I know not putting myself at risk?

The plaintiff must minimise the loss resulting from the breach by taking all reasonable steps available to him. If he fails to do so, then he cannot recover anything in respect of that extra loss.

However, the plaintiff is not expected to take risks in order to mitigate losses caused by the defendant's breach.

frugal_mike

If the tv on eBay is second hand then it is not the same (or even vaguely equivalent) to the one Tesco lost. If the tv is in an auction you would not be able to predict the final price, and would lose statutory protections so that would not be like for like either.

If the tv was buy-it-now from a reputable UK business then I don't think eBay would be any more risky than any other sale.

saayinla

frugal_mike wrote: »

If the tv on eBay is second hand then it is not the same (or even vaguely equivalent) to the one Tesco lost. If the tv is in an auction you would not be able to predict the final price, and would lose statutory protections so that would not be like for like either.

If the tv was buy-it-now from a reputable UK business then I don't think eBay would be any more risky than any other sale.

There are a few buy it now listing on there for around the £279+ by private individuals but I will be worried they will not be able to offer me the manufacturers warranty and in effect would be second hands even though new.

Going by the Above, Do I go back to Tesco and Insist on my TV or a more reasonable resolution in my favour? I am happy to go to a small claim court if required although I ll rather not.

Just looking or advice really.

frugal_mike

If its a private individual then it will be second hand. Any warranty will almost certainly not transfer to you, and you will have almost no statutory protection.