Lost Delivery by Boots

stephonice

I placed a fairly large order in Boots online sale on 24th December - I saved over £100 on the original selling prices. I do this every year as it really is a massive help with the following year's Christmas shopping. I asked for the order to be sent to my local store on a specified date. Long story short - parcel cannot be found - Boots have apologised but only 3 of the items are still available if I wanted the order to be renewed - they have offered a full refund and by way of compensation have added 600 points to my Advantage card (£6.00 worth). I am gutted because no way will I be able to get the bargains I had bought from Boots or any other retailers as the sales are now almost sold out - should I just accept the £6 points and chalk it up to an unfortunate incident or should I take it further with Boots ?

neilmcl

What else are you expecting Boots to do?

If they haven't got the items they haven't got the items!

stephonice

I just don't think £6.00 is much in the way of compensation for the fact I have lost out on such a big discount - they didn't offer to look for the parcel, they just said after 48 hours they automatically consider it lost.

London50

As stated if they have not got the items there is nothing they can do. They did not need to offer the points at all, just refund what you paid. If it was me as upset as I would be loosing out on the items I would take the offer

stephonice

Okay fair enough - just thought I would ask what people thought - thanks for the replies

Caz3121

You can do a search on "Loss of Bargain" but not sure how successful court cases are for this or how much it would cost to proceed

FOREVER21

Why don't you take the 3 items that are available, presumably they would give them to you at the original price, and get a partial refund.

At least that way you would get some of the goods,and I suspect Boots would still give you the 600 points.

ThumbRemote

I would assume that a contract is formed on despatch (you'd need to check) therefore Boots are in breach of contract.

The Consumer Rights Act section 19 states that a remedy for breach of contract may include "claiming damages" and the explanatory notes state that "The level of damages awarded will depend on the specific circumstances and the term which the trader has breached. Typically, damages would cover the estimated loss directly resulting from the breach, in the ordinary course of events" (http://www.legislation.gov.uk/ukpga/2015/15/notes section 103)

In which case I would suggest you are entitled to buy the 3 remaining items from Boots, and then the remaining 'saving' that you have no longer received as compensation. It may be sensible to receive this amount in Advantage points to spend at Boots, but that's for you to agree with Boots about.

Poppie68

ThumbRemote wrote: »

I would assume that a contract is formed on despatch (you'd need to check) therefore Boots are in breach of contract.

The Consumer Rights Act section 19 states that a remedy for breach of contract may include "claiming damages" and the explanatory notes state that "The level of damages awarded will depend on the specific circumstances and the term which the trader has breached. Typically, damages would cover the estimated loss directly resulting from the breach, in the ordinary course of events" (http://www.legislation.gov.uk/ukpga/2015/15/notes section 103)

In which case I would suggest you are entitled to buy the 3 remaining items from Boots, and then the remaining 'saving' that you have no longer received as compensation. It may be sensible to receive this amount in Advantage points to spend at Boots, but that's for you to agree with Boots about.

Does this apply to a lost parcel situation though?

tomtontom

Poppie68 wrote: »

Does this apply to a lost parcel situation though?

A good point - the contract has been frustrated by an event outside the control of either party, so I would suggest loss of bargain would not apply.

bris

There is no breach of contract here.


The original contract of offer and acceptance has taken place. A third party has lost the goods and Boot's only need to put the OP back in the same position as they are not held liable for a third parties(the couriers) actions.
There is case law on this when a ship was lost at sea and the cargo (spices f I remember correctly) was lost. The buyer of the cargo sued the seller for said "loss of bargain but the claim was rejected on the basis of the fault being by the third party (the ship owner) and not the first party (the seller).


A more recent case similar to this one however is discussed here
http://www.legalbeagles.info/forums/showthread.php?26154-Loss-of-Bargain-clarification
For those not wanting to read the whole thread the result was the case was rejected because DHL lost the parcel.