What are my rights as a customer ??

kellpops43

I purchased an item half price in the "Black Friday" sales, I have had no response from the company online via e-mail or telephone only when I purchased the item online I received an order acknowledgement, at no point during the sale online did it say the item was unavailable or out of stock. I have been waiting for this item to arrive but upon checking my e-mail it states not to call until 14 days have passed so I called this morning to discover the item was out of stock and they can't honour my order they offered me a full refund, I went on to tell the girl that the store in Metro Centre Gateshead has stock as I seen them when I was in at the end of last week, so the girl went away checked for stock at the store & advised me she would ring through to them & rather than give me a refund I could collect it from the store so I agreed to collect which made no difference to me & I would be able to collect on Thursday, the girl then said I will ring through to the store with the info & ring you back shortly.

The girl called back 5 minutes late and advised me that the store have declined to offer me the item as It was £60 in the Black Friday sale and it has now gone back up to £120 and they cant honour the order/item for £60.

My concern is that I paid for this item at the reduced price of £60 and at no point was I advised there was no stock and I have not had no contact from the store to tell me otherwise I have had to ring them today so they have had £60 of my hard earned cash since November 30th & obviously had no intentions on refunding me until I contacted them & I believe if I purchased an item in the sale for £60 it should then be honoured if they have stock elsewhere they are all the same company at the end of the day plus it doesn't matter how much I paid for the item I purchased it in good will and they were happy enough to take my money at the time.

does anyone know how I should go about this as I have refused the refund & demanded a manager to rind me I would appreciate any feedback so I can use it during my phone conversation with the company when they return my call, any do's & dont's etc...

tomtontom

What does your contract say about when acceptance occurs? Normally in online sales acceptance occurs upon despatch of the goods, in which case no contract has been formed if they ran out of stock before this.

Having stock in a physical store is irrelevant. Online and physical stores are often separate entities, stock is not transferable between the two systems.

Latazza

tomtontom wrote: »

What does your contract say about when acceptance occurs? Normally in online sales acceptance occurs upon despatch of the goods, in which case no contract has been formed if they ran out of stock before this.

Having stock in a physical store is irrelevant. Online and physical stores are often separate entities, stock is not transferable between the two systems.

Nail on head.

Not going to get anywhere with this OP

molerat

It could probably be done but it sounds like the store manager is being an !!!! ! When I worked in a retail store we would do this on rare occasions if asked by HO, it is usually not difficult if you know what to do but many retail staff, including managers, do not have a clue as to how their systems work. Without the co-operation of the store it won't happen I am afraid.

kellpops43

thanks there is no contract I have checked everywhere for any t&c on sales online & there is nothing to read on there website or in my order details online.

Thanks

wealdroam

Who is the seller?

unholyangel

kellpops43 wrote: »

thanks there is no contract I have checked everywhere for any t&c on sales online & there is nothing to read on there website or in my order details online.

Thanks

Whats the website?

If the T&C's say nothing on the matter of what constitutes acceptances, then it would be down to the courts to decide whether acceptance had taken place or not.

Its not unknown for T&C's not to mention anything about when a contract is formed, but it is extremely unusual for there not to be any t&c's at all.

bris

For me acceptance has definitely taken place. This isn't you normal mistaken price scenario where the offer is refused before dispatch.


This was a genuine sale at the agreed price, put simply the store shouldn't be selling items they when they don't have enough of them to honour sales.


Loss of bargain would be the OP's only option here but it's not worth the hassle of what you have to go through to do it for 60 quid.

zaax

Don't forget you get the £60 back if you win. A letter before action (LBA) might start things rolling, and it can be done all on line at Money claim onine.

https://forums.moneysavingexpert.com/discussion/2272561

McKneff

You won't win. Full Stop


Forget it, stop stressing yourself and move on.