Would loss of bargain be applicable here ?

Tyler_Du

I purchased a sub £10 item from Tesco direct recently, it was a child's toy in the sale. It was to be picked up from a local store. I got a dispatch email but the item never arrived at the store. I contacted CS who advised me the item was lost and offered me a refund plus £5. The item is now no longer available from tesco, the value of the refund plus the £5 is not enough to purchase an equivalent item elsewhere. Is this a case of loss of bargain?

George_Michael

It's highly unlikely that you have a valid case as the Tesco T&C's state that a contract isn't formed until you get confirmation that the goods are ready to be collected from the nominated store. As the item you ordered never reached the store, I'm assuming that you didn't receive the collection e-mail, hence no contract yet formed.
http://www.tesco.com/direct/help/terms-conditions.page?icid=Demon

16.2 Nothing that we do or say will amount to any acceptance of your offer until we send you an email notifying you that we have despatched a product to you or notifying you when a product will be available to collect in store (as applicable). At this point, a contract will be made between us for you to buy and us to sell the products that you have ordered from us. Where products are despatched or made available to collect in store separately, our acceptance of the order in respect of each product takes place when we notify you by email of such despatch.

(and you would have thought/hoped that the proof readers would at least know the correct spelling for "dispatched").

Even if you did have a valid loss of bargain case, you have to pick and choose your battles.
With the £5 compo that they have offered, how much more do you have to spend to get the item elsewhere? and is it enough to be worth considering legal action?

usefulmale

Tyler_Durden_UK wrote: »

I purchased a sub £10 item from Tesco direct recently, it was a child's toy in the sale. It was to be picked up from a local store. I got a dispatch email but the item never arrived at the store. I contacted CS who advised me the item was lost and offered me a refund plus £5. The item is now no longer available from tesco, the value of the refund plus the £5 is not enough to purchase an equivalent item elsewhere. Is this a case of loss of bargain?

Why don't you see a solicitor? They may stop laughing before the free half-hour or so consultation is up.

powerful_Rogue

George_Michael wrote: »

(and you would have thought/hoped that the proof readers would at least know the correct spelling for "dispatched").

There is no difference between dispatch and despatch. The latter is an alternative spelling that was common in the 19th century and earlier, but dispatch has gained undisputed dominance in modern English. Despatch has mostly disappeared from the language—except in the U.K., where it appears in place of dispatch about a third of the time—and dispatch is the preferred spelling for all senses of the word.

http://grammarist.com/spelling/dispatch-despatch/

George_Michael

Well you learn something every day.
"Despatch" just doesn't look right to me.

bod1467

I've always used despatch ... to me dispatch looks wrong.

powerful_Rogue

George_Michael wrote: »

Well you learn something every day.
"Despatch" just doesn't look right to me.

Ive seen a few UK sites use that term and thought exactly the same.

ERICS_MUM

bod1467 wrote: »

I've always used despatch ... to me dispatch looks wrong.

To me too.

AJXX

Dispatch all the way... I've never encountered anyone using the spelling "despatch" unless they're an 18th century factory owner...

As for the OP, seriously? Learn to pick your battles; they offered you a refund and £5 on top - you are aware they only have to offer a refund and nothing else?

Seriously if you took this further legally I think you'd receive a mixed response of hilarity/derision and or bemusement.

Blackbeard_of_Perranporth

BoP now interrupts for the could not care less.

OP, a money saving shrewd shopper spotted a trinket on an emporium's internet shopping site. OP extracted their wallet and purchased trinket. On collecting trinket from emporium, it was found trinket was lost. OP was refunded and for their wasted effort, got a voucher off them for £5,

OP is desperate for trinket, but alas, all trinkets are no longer available. OP feels they have been wronged and is seeking answers that will assure them they have been wronged. As soon as this happens, OP is going to engage lawyers, at vast expense, to seek redress against emporium, for loss of a bargain.

Children are thought to be safe.

naedanger

Tyler_Durden_UK wrote: »

I purchased a sub £10 item from Tesco direct recently, it was a child's toy in the sale. It was to be picked up from a local store. I got a dispatch email but the item never arrived at the store. I contacted CS who advised me the item was lost and offered me a refund plus £5. The item is now no longer available from tesco, the value of the refund plus the £5 is not enough to purchase an equivalent item elsewhere. Is this a case of loss of bargain?

I misread your post. As you got the dispatch email, then according to the information in George Michael's post, it seems a contract has been formed. Therefore I think it is a case of loss of bargain.

However in practice I doubt many staff will be aware of this concept.