where do i stand with asda???

Money-Saving-King

All it also takes is one person like the op then a company will pull this sort of promotion to staff and relatives completely.

Op are you really sure you want to fight and therefore probably cause Asda to never offer this sort of thing to their staff & close friends again?

I'm sure all the other employee's of Asda will really like you for that!

londonTiger

lol trading standards. dont waste their time.

you should call trading standards if they lost the package and refuse to refund you. they;ve done the right thing and offered a refund which is more than adequate.

paddedjohn

Money-Saving-King wrote: »

All it also takes is one person like the op then a company will pull this sort of promotion to staff and relatives completely.

Op are you really sure you want to fight and therefore probably cause Asda to never offer this sort of thing to their staff & close friends again?

I'm sure all the other employee's of Asda will really like you for that!

What a stupid post, this item was already on sale at a discount to anyone and this situation could have happened to yourself or anyone else, by your reckoning Asda will close down if anyone complains.

frugal_mike

bris wrote: »

It's not loss of bargain.

The contract was complete at time of sale, the courts have ruled in the past that because a third party has lost the goods then the vendor is not liable for the third parties action and they need only put them back to square one.

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

This thread goes into it somewhat with a carbon copy of this dismissed.

I was looking for the case I read some years ago in the 1800's which actually brough this into case law.

A merchant ship was carrying spices back to the UK from the Caribean (i think but you get my meaning the country might be wrong) when a storm sunk the ship with the loss of all the cargo.

The buyer then sued the seller (or his insurers) for loss of bargain as it was a valuable load, where the upshot was that the contract was frustrated and not because of anything the vendor did, so an act of God was blamed and was outside the vendors control.

Ruling no loss of bargain.

Loss of bargain only covers a buyer when the seller refuses to complete the deal, this is not the case here so SOGA now applies.

That was interesting reading, especially that the legal advice received was firmly in favour of their being loss of bargain before it went to court. For others that haven't read the link, the judge ruled that the negligence on the part of the courier in losing the parcel satisfied section 7 of the sale of goods act, which says that where goods perish beyond the sellers control the contract is avoided.

Unfortunately it does not give a firm definition of what constitutes perishing. I would have expected it to be situations such as your second example bris (the act of god) which are clearly beyond anyone's control. Losing a parcel wouldn't seem to be perishing beyond control to me.

terra_ferma

buttons84 wrote: »

what are you trying to get at??? seriously what could be missing dont understand what u think is not right.... explain if u dont mind thanks

Just winding you up. Don't take it personally, it happens, particularly to new posters, just ignore it and focus on the posters that are actually helping

londonTiger

paddedjohn wrote: »

What a stupid post, this item was already on sale at a discount to anyone and this situation could have happened to yourself or anyone else, by your reckoning Asda will close down if anyone complains.

Public discount PLUS staff discount was in effect in this case.

Take what you're given as far as these staff discounts are concerned.

Next time do click and collect in store instead of getting it posted.

Money-Saving-King

londonTiger wrote: »

Public discount PLUS staff discount was in effect in this case.

Take what you're given as far as these staff discounts are concerned.

Next time do click and collect in store instead of getting it posted.

Exactly, I knew what I wrote. The only thing stupid was paddedjohn's response!

I have known a company stop staff benefits if there's any fuss or cost due to unruliness.

Scrootum

Be aware the Asda are part of the massive US corp Walmart. The Yanks tend to have less regard for the niceties of employment and consumer law than most UK companies.