where do i stand with asda???

buttons84

Hi all need advice my sister works in asda and it was double discount day for staff/family so i decided to order a tv unit id been looking at on sale as well as xmas presents the unit was down to £39 so 20% off that brought it down to £31.20 great bargain!! it was supposed to be delivered by citylink 2 weeks ago and after numourous phone calls to them and asda ive now been told the item has been lost in transit and asda want to refund me the money i paid for it and i was told to re order it if i want the problem is it has went back up to full price since which is £59.00!! i have argued with them im not willing to accept refund as i should get it at price i paid for it as its not my fault they have lost it :mad: and have been told sorry i will need to pass this on to a manager who will contact u within 48hrs but guy said i doubt they will agree with u! im due to hear back today n if not ill phone them again 2mrw but just want to know where i stand if they say it has to be refunded and purchased at new price before i speak to them again as ive been messed around for over 2 weeks

any advice appreiciated thanks

visidigi

They only have to put you back in the situation you started out from. So a refund would be acceptable.

frugal_mike

visidigi wrote: »

They only have to put you back in the situation you started out from. So a refund would be acceptable.

But assuming the contract was formed the moment ASDA dispatched the TV unit then surely the position the OP was in immediately prior to ASDA breaching the contract was that they were the owner of a TV unit for £31.20?

If OP cannot purchase that TV unit elsewhere for £31.20 or less then surely they can claim Loss of Bargain due to the breach of contract?

Note IANAL and all the usual disclaimers

PHYTHIAN

Total nonsense from Asda in my opinion.

You entered a contract for them to supply a unit for £31.20 ; they have failed to do that and agree they have failed. They now want to supply you the same item, from the same place, on probably the same delivery van but at a higher price?? How can they think they can get away with that?

If the manager insists on it tell him/her that you'll be contacting Trading Standards. I'm pretty certain they'll take your side and the manager will more than likely back down with any threat.

jacques_chirac

PHYTHIAN wrote: »

If the manager insists on it tell him/her that you'll be contacting Trading Standards. I'm pretty certain they'll take your side and the manager will more than likely back down with any threat.

I would be very careful with this, as it could come back on her sister. She might get her tv stand, but the sister could be out of a job.

halibut2209

PHYTHIAN wrote: »

Total nonsense from Asda in my opinion.

You entered a contract for them to supply a unit for £31.20 ;

Well therein lies the rub. At what point is the contract formed? Usually online it's upon despatch. So if that's the case here, then loss of bargain certainly comes into play.

PHYTHIAN

jacques_chirac wrote: »

I would be very careful with this, as it could come back on her sister. She might get her tv stand, but the sister could be out of a job.

Not at all. The discount is for staff and immediate family. Think the OP mentioned that.

agrinnall

PHYTHIAN wrote: »

Not at all. The discount is for staff and immediate family. Think the OP mentioned that.

I suspect that jacque's point may not be anything to do with using the discount, but rather that if the OP causes trouble for ASDA they may retaliate by causing trouble for her sister such as reducing her hours, or if she started after April 2012 they could even sack her.

jacques_chirac

PHYTHIAN wrote: »

Not at all. The discount is for staff and immediate family. Think the OP mentioned that.

Yes, it is a family discount card, I did not suggest otherwise. My point is that if the OP is sufficiently difficult Asda could choose to dismiss her sister as a result - it would be very easy to do this *if* she has less than two years service.

visidigi

frugal_mike wrote: »

But assuming the contract was formed the moment ASDA dispatched the TV unit then surely the position the OP was in immediately prior to ASDA breaching the contract was that they were the owner of a TV unit for £31.20?

If OP cannot purchase that TV unit elsewhere for £31.20 or less then surely they can claim Loss of Bargain due to the breach of contract?

Note IANAL and all the usual disclaimers

halibut2209 wrote: »

Well therein lies the rub. At what point is the contract formed? Usually online it's upon despatch. So if that's the case here, then loss of bargain certainly comes into play.

I don't doubt loss of bargain is a possibility - but that's entirely separate - as the first thing Asda have to do is restore the position prior to purchase and then the OP can argue the case from there.

It comes back to the age old issue of if Asda didn't have stock what resolution would you expect them to provide? They could claim the stock in now isn't the same stock the OP was sent - the stock the OP bought was on sale BEFORE the 20% discount. So the sale stock could be completely sold out.

So you contact trading standards, they wont take the case up for you, they will just provide information as to what you should say - it wont be much different from what is here, to be honest additionally if ordered in this would surely be an Asda Direct order, not an Asda order, so in store terms are not applicable.

PHYTHIAN

jacques_chirac wrote: »

Yes, it is a family discount card, I did not suggest otherwise. My point is that if the OP is sufficiently difficult Asda could choose to dismiss her sister as a result - it would be very easy to do this *if* she has less than two years service.

Oh right...gotcha!! Sorry for my misunderstanding. Don't think Asda would want to open such a big can of worms though, Sack or reduce hours because a relative complained. Defence solicitor at a tribunal would dance all over that.