Need help. Item bought in store but not received just offered a refund

hothull

Hello first time poster here.

I purchased two products from store to be delivered to the store and was told they would be in on Tuesday, so popped in store and was told they do not have them on Tuesday. Today had a phone call to say they are not coming and I can have a refund.

My question is if I have fully paid for the items am I not in a contract for them to provide me with the item? Where do I stand with them?
As expecting a call tomorrow.


Any advice would help.
Many Thanks HH

powerful_Rogue

1) How did you make the initial purchase? Instore or via interent.
2) What did you order?
3) How much did you pay?
4) What is the name of the retailer

Was it a "too good to be true" order, ie - Xbox for £1.99 of something priced normally?

If they breach the contract, they have to put you back in the same position you was in - which they are doing by way of a refund.

hothull

1)Paid instore.
2)2 SSD drives
3) Just short of £100
4)DSG group store

Priced normally.
They have offrened me a refunded and that is all. ATM
Ah so they can just do that?

powerful_Rogue

hothull wrote: »

1)Paid instore.
2)2 SSD drives
3) Just short of £100
4)DSG group store

They have offrened me a refunded and that is all. ATM
Ah so they can just do that?

As long as they put you back in the same position theres nothing much else you can do. Can you not get these drives elsewhere?

If they cant get hold of the items to fulfill the order, theres not much else they can do. What are you hoping for?

hothull

I can just they where on offer when I bought them now back to full price. and not in their stores.

frugal_mike

powerful_Rogue wrote: »

If they breach the contract, they have to put you back in the same position you was in - which they are doing by way of a refund.

If the contract had been formed then the OP's position before the breach was benefiting from the bargain of the products for the price of £100. If the products can't be bought for that price or less elsewhere then the OP has suffered a loss.

I think the Sale of Goods Act does allow for the contract to be avoided in some cases though. Not sure if any of those cases would apply here without reading through it.

And I imagine any loss of bargain would be too small to be bothered about anyway

powerful_Rogue

frugal_mike wrote: »

If the contract had been formed then the OP's position before the breach was benefiting from the bargain of the products for the price of £100. If the products can't be bought for that price or less elsewhere then the OP has suffered a loss.

I think the Sale of Goods Act does allow for the contract to be avoided in some cases though. Not sure if any of those cases would apply here without reading through it.

And I imagine any loss of bargain would be too small to be bothered about anyway

Depends how much time and effort you want to put into pursuing the "loss of a bargain" though.

frugal_mike

hothull wrote: »

My question is if I have fully paid for the items am I not in a contract for them to provide me with the item? Where do I stand with them?
As expecting a call tomorrow.

That depends. The Sale of Goods Act says that the contract is formed at the point both parties agree it is formed. It does not have to form at the point of payment.

And even if it has formed, the Sale of Goods Act does allow the contract to be avoided in certain situations. This includes for example the goods becoming damaged without the sellers knowledge before handing them over. I don't know why your seller failed to deliver so can't comment more on that, but you'd struggle to prove otherwise if he claimed this.

Probably best just to buy elsewhere.

frugal_mike

powerful_Rogue wrote: »

Depends how much time and effort you want to put into pursuing the "loss of a bargain" though.

I agree, its almost certainly not worth the effort. Especially if it isn't clear the contract was actually breached.

Fosterdog

I'm guessing this was for the Samsung SSDs posted about on HUKD? The offer really was too good to be true, I checked my local store hoping they would still have them but they had all been reserved and sold by mid-day. Staff on the day were unsure whether it was a pricing error or a clearance item but were sure that it wasn't the normal selling price and they had had loads of people in looking for them through the day.

hothull

Fosterdog wrote: »

I'm guessing this was for the Samsung SSDs posted about on HUKD? The offer really was too good to be true, I checked my local store hoping they would still have them but they had all been reserved and sold by mid-day. Staff on the day were unsure whether it was a pricing error or a clearance item but were sure that it wasn't the normal selling price and they had had loads of people in looking for them through the day.

nope went in looking for that but was offrend the other ones. So snaped their arm off. Thanks all for the adivce.