Help please - what rights do I have?

mr_t53

Hi all, I desperately need some advice on what my rights are regarding a recent online purchase I made but have not received.
I bought a ex-demo/shop soiled bicycle online from a well known retailer my choice made because the bike in question had certain specific accessories on it which I was seeking. My purchase was made using my credit card and I received an email confirming my order number and delivery instructions (to be collected from a local branch of the store in 5 - 9 days) and payment was taken from my credit card. After waiting for 9 days with no notification to collect, I telephoned their customer services whose response was you "its only been 4 days you need to allow 9 "working" days this despite the fact that their stores are open 7 days a week + bank holidays. Anyway I duly waited for days to pass but still nothing. Eventually I visited my local store to see what was happening and when they checked my order number they informed me that the bike in question had been sold by another store 7 days after I had bought and paid for it although these bikes were only meant to be available online and not in store.
My problem is it is unlikely and very rare that a similar spec bike will be available again as ex-demo, they still have my money and I will incur interest charges for my credit card. Was the original purchase my property and do I have any recourse with them for selling it again to someone else, or can I insist that they honour the original purchase and provide a bike with the same specification ?
Any help or advice on this would be very appreciated.

wealdroam

mr_t53 wrote: »

Hi all, I desperately need some advice on what my rights are regarding a recent online purchase I made but have not received.
I bought a ex-demo/shop soiled bicycle online from a well known retailer my choice made because the bike in question had certain specific accessories on it which I was seeking. My purchase was made using my credit card and I received an email confirming my order number and delivery instructions (to be collected from a local branch of the store in 5 - 9 days) and payment was taken from my credit card. After waiting for 9 days with no notification to collect, I telephoned their customer services whose response was you "its only been 4 days you need to allow 9 "working" days this despite the fact that their stores are open 7 days a week + bank holidays. Anyway I duly waited for days to pass but still nothing. Eventually I visited my local store to see what was happening and when they checked my order number they informed me that the bike in question had been sold by another store 7 days after I had bought and paid for it although these bikes were only meant to be available online and not in store.
My problem is it is unlikely and very rare that a similar spec bike will be available again as ex-demo, they still have my money and I will incur interest charges for my credit card. Was the original purchase my property and do I have any recourse with them for selling it again to someone else, or can I insist that they honour the original purchase and provide a bike with the same specification ?
Any help or advice on this would be very appreciated.

Who did you buy from?

What do their T&Cs say about when a contract is formed?

Most online retailers, the larger ones at least, seen to specify that a contract isn't formed until the goods are despatched for delivery.

It would help if you can provide a link to their T&Cs.

societys_child

You need to read their T&Cs to see when the contract is actually formed.
This is usually when they send an email to say the goods have been dispatched, or in your case to let you know the bike is ready for collection.

bris

It's possible a contract was formed on this occasion as it sounds like a one off sale that was left on their system and sold again by mistake.


The only problem you have is actually claiming loss of bargain in this case. They do not need to do anything, you can't make them supply you with the same bike if they don't have any.


In order to claim for a chance at least of loss of bargain you would need to find the same bike with the same accessories in the same ex demo shop soiled condition, buy it then sue for the difference in price. If you did manage to find the item then would the price difference be worth the hassle, probably not so some battles are just not worth fighting.