Homebase sofa refund/replacement

Jojag5280

Hi,
First time posting. I ordered and paid £308 for three new sofas in the homebase sale at the end of April. Today I found out they are going to refund my money and cancel the order. They are selling identical sofas (same colour, style and dimension) online, though more expensive and different name. They are refusing to offer these as alternatives although homebase are offering alternatives to other customers. Apparently there is no alternative to the sofa I ordered. When questioned further I ascertained that the alternatives are given on a first come first served basis. Initially I had received confirmation via text, email and automated phone call that the order had been received and confirming delivery dates. I have also had correspondence with one of their customer advisers who wrote "I am pleased to confirm your order was successful and will be fulfilled"
Anyway, what I want to know is, is it worth me chasing this up and trying to insist on an alternative sofa being sent? Do I have a leg to stand on? So far they've offered me 20% off a new suite.
Thanks.

shaun_from_Africa

Jojag5280 wrote: »

Anyway, what I want to know is, is it worth me chasing this up and trying to insist on an alternative sofa being sent? Do I have a leg to stand on? So far they've offered me 20% off a new suite.
Thanks.

There is no harm in trying but legally they don't have to do anything apart from refunding you.
Just about all online retailers don't consider that a contract has been formed until the goods are actually dispatched and by ticking the box stating that you have read and accepted their T&C's, you have agreed to this.

2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement e-mail detailing the products you have ordered. Please note that this e-mail is not an order confirmation or order acceptance from Homebase.

2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).

http://www.homebase.co.uk/en/static/customer-services/terms-and-conditions

Jojag5280

Thanks. That's what I thought. I was hoping that because the customer adviser replied to my query about whether it could truly be fulfilled with "I am pleased to confirm your order was successful and will be fulfilled' that that could be seen as a contract being formed.

unholyangel

Jojag5280 wrote: »

Thanks. That's what I thought. I was hoping that because the customer adviser replied to my query about whether it could truly be fulfilled with "I am pleased to confirm your order was successful and will be fulfilled' that that could be seen as a contract being formed.

Where the contract says nothing on what constitutes acceptance, it would be down to a court to decide if all the elements of a legally binding contract existed (ie offer, acceptance, consideration, intent to create legal relations, capability etc).

But since the T&C's state acceptance doesn't take place until dispatch, it means a contract being formed is conditional upon dispatch taking place.

Jojag5280

Ok, thanks.

[Deleted User]

£308 for three sofas? Are they the blow up type?

To be honest, I'd wonder if the quality would be any good. Might have saved yourself a lot of hassle, even if the items were in a sale.

bris

deannatrois wrote: »

£308 for three sofas? Are they the blow up type?

To be honest, I'd wonder if the quality would be any good. Might have saved yourself a lot of hassle, even if the items were in a sale.

Probably a mistake, hence why the OP needs 3, to good to be true usually is and it didn't pass acceptance when discovered.

bod1467

bris wrote: »

Probably a mistake, hence why the OP needs 3, to good to be true usually is and it didn't pass acceptance when discovered.

Except it did ... OP had a response from a person confirming the order.

However the dispatch element of the T&Cs gives Homebase the get out.

Jojag5280

They were in the clearance sale reduced from£2000. Some customers were lucky enough to get them at that price (not many) however their website kept accepting orders when there was in fact no stock left...
I needed three as I have a big living room...to be more specific it was 2 sofas and a cuddler chair.

ABM123

I bought 2 sofas and they have offered me a replacement however of a bigger sofa - I have explained that I have seen cheaper alternatives instead of the one they're offering me but they won't accept it for some silly reason! Do I have a leg to stand on?

Jojag5280

What sofa did you originally purchase and which were you offered as an alternative?