PCWorld agreed to exchange item, then ran out of stock, what can I do

chiefnoodle

Hi

Interesting question about the contract formed when you request an exchange:

I ordered something from PC World on special offer which arrived in a different colour to how it was described, I had a slight preference for the other colour. So I rang them up and they very efficiently arranged for a courier to come pick it up and send out a replacement. So far so good.

A few days later I get an email that the item is now out of stock (on their website, it is still in stock in some of their stores but nothing local), but I can have a refund.

The thing is I don't want a refund, I won't be able to find that price again. So what are my options? I asked them if they could either send me a different version (which wasn't on special offer), or arrange a courier to pick up the one they have in stock in their shop (not local unfortunately) and deliver it. They said they couldn't do either, not sure why they can't but they are within their rights not to do this for me although it is disappointing (I'd have expected them to reserve/hold one of the items while waiting for the return courier so they can dispatch me a new one).

So I then asked them to return the item they'd picked up from me, if I can't have it in the right colour then I'll at least have it albeit in the wrong colour... and now for the interesting question:

My reasoning is that after the item was delivered it was 100% my legal property. I asked for an exchange, making clear that it wasn't that I didn't want the white one at all, just that I'd prefer to exchange for black. So the contract formed was one of exchange of A for B, in which I allow them to take my white item in exchange for their black item. Now they are backing down on their side of the contract, and possibly they can say that they didn't send a email confirming they'd be dispatching the item so they can back out. But then the old item still belongs to me, and I can ask for it back - they have no right to keep it from me. I think that by keeping it they are (from a legal point of view) actually stealing from me...

steal (verb): take (another person's property) without permission or legal right and without intending to return it

... and they only had permission to take it if they'd send me the same thing in black...

I'm hoping they'll agree to arrange the courier to pick it up from the store which has it in stock, or to send me the one which isn't on offer. But any thoughts? is my reasoning right? does anyone know of any consumer right resource where this type of case is discussed? any suggestions?

Thanks a lot!!!

agrinnall

Another pointless inclusion of a poll, and in this case a pointless thread because the OP will get an answer once he asks the question.

chiefnoodle

I can say I want my item back (unless they make alternative acceptable/reasonable arrangements)

people might prefer to just click a button then write a whole response
sorry if I offended you

wealdroam

PC World can say they'll just refund me

chiefnoodle wrote: »

I think that by keeping it they are (from a legal point of view) actually stealing from me...

steal (verb): take (another person's property) without permission or legal right and without intending to return it

... and they only had permission to take it if they'd send me the same thing in black...

Using your definition, they did not steal your goods, simply because you gave them permission to take it, as you acknowledge.

Yes, they had no intention of returning it... at the time they took it, you didn't want it... which seems to contradict your definition of stealing.

If they will not do what you want, you have the option to accept their refund and buy the thing elsewhere at perhaps a higher cost.
You will then be in the position to sue the for the difference under 'loss of bargain'.
Be careful with this, as you need to ensure you mitigate your loss by buying the replacement at the best price available. Might be an idea to get a few quotes.

Is this going to go the same way as your coat and watch thread?

wealdroam

PC World can say they'll just refund me

How fascinating this poll malarkey is.

Before I voted, I could see the usernames of all who had voted and which way they had voted.... shock... horror...:eek:

Now that I have voted, I can no longer see how anyone has voted.

Doesn't matter of course, but maybe there's a flaw in this mechanism somewhere.

chiefnoodle

I can say I want my item back (unless they make alternative acceptable/reasonable arrangements)

wealdroam wrote: »

If they will not do what you want, you have the option to accept their refund and buy the thing elsewhere at perhaps a higher cost.
You will then be in the position to sue the for the difference under 'loss of bargain'.
Be careful with this, as you need to ensure you mitigate your loss by buying the replacement at the best price available. Might be an idea to get a few quotes.

OK thanks for the jargon name I've been looking up loss of bargain, very useful

wealdroam wrote: »

Is this going to go the same way as your coat and watch thread?

Wow you've got a good memory...
I assume you mean by this to ask if I like fighting losing battles? Actually I quite do... Its the principle etc
Anyway thanks for your comments both times

foxtrotoscar_2

wealdroam wrote: »

How fascinating this poll malarkey is.

Before I voted, I could see the usernames of all who had voted and which way they had voted.... shock... horror...:eek:

Now that I have voted, I can no longer see how anyone has voted.

Doesn't matter of course, but maybe there's a flaw in this mechanism somewhere.

It's the World of MSE...terrible. 15 seconds between searches except when you are told you must wait another 16 seconds. !!!!!!. There are glitches galore that go ignored.

foxtrotoscar_2

chiefnoodle wrote: »

OK thanks for the jargon name I've been looking up loss of bargain, very useful


Wow you've got a good memory...
I assume you mean by this to ask if I like fighting losing battles? Actually I quite do... Its the principle etc
Anyway thanks for your comments both times

What principle?

chiefnoodle

I can say I want my item back (unless they make alternative acceptable/reasonable arrangements)

foxtrotoscar wrote: »

What principle?

the principle that the company is normally in the power position and its not fair for them to abuse it
They would never send me an item if I hadn't paid for it first, yet here I sent them back the item which I owned before receiving anything, relying on their promise to send me a new one, and ultimately disappointed.
no?

stevemLS

Haven't voted, but you might want to think about the legal definition of theft, rather than a dictionary definition of steal - you perhaps fall at the first hurdle - a requirement for dishonesty?

wealdroam

PC World can say they'll just refund me

stevemLS wrote: »

Haven't voted...

In which case you will be able to see the long list of names of the people who have voted "I can say I want my item back (unless they make alternative acceptable/reasonable arrangements)".