Problems with order from Game .

powerful_Rogue

Mr_Poves wrote: »

I was hoping they would try and avoid having to mess around with a return courier and admin etc , oh yeah , thanks again for another useless post , think this must be the 6th comment upto now , sorry must be my bad attitude , if I'd have taken the 1st comment on the chin and seen the funny side to his sarcasm I may have resolved this by now ..

There was no sarcasm in the first post. You asked what your options was and as I said back then, its to take the refund and try and claim "Loss of bargain" through the Small Claims Court.

arcon5

I would have said the first comment was very good.

At most it puts the term loss of bargain out there, something worth looking in to. At the very least it attempts the rationalise the complaint - you can't get blood out of a stone, if they're out of stock then what can they do? And your suggestion to return order 1 will harm you more than them.


In all a useful post from both a legal and personal perspective.

tykesi

Yes but it's not what the OP wanted to hear,

if people would only stick to telling OPs on this board they have been wronged and are entitled to squillions in compensation I think we'd have happier OPs all round.

Or just keep telling them their actual position/rights and put up with them tripping up on their bottom lips with their fingers in their ears "la la la la la"

Mr_Poves

I do appreciate the last few comments , and this is hand on heart , is there really such a thing as claiming for "loss of a bargain " ?
I took that as sarcasm ....
I don't want compensation , just what I ordered , it was their mistake sending it to somewhere that does not exist anymore , and after all that someone promised to honour the deal , even if it was 2 seperate games and a ps4 individually .
If they have stated that's what they would do , and now gone back on it , am I so out of order for questioning it ?

naedanger

Mr_Poves wrote: »

I do appreciate the last few comments , and this is hand on heart , is there really such a thing as claiming for "loss of a bargain " ?

Yes. If you had a contract and the seller failed to honour it (by failing to supply the items you bought for the agreed price) then you are entitled to be compensated so that you are put into the position you would have been had the contract been performed properly.

However this is only the case if you had a contract. Whether you actually had a contract will depend on the paperwork. For most online retailers a contract is only formed very late in the purchase process e.g. when they send an email saying the items have been dispatched, or even when the items are delivered etc.

Ectophile

You could claim "loss of bargain" if...

1. Several sellers were offering the goods at a sale price.
2. You placed an order with one of them, and they accepted the order.
3. They failed to deliver the order.
4. By the time that they admitted they could not deliver, all the other suppliers had put their prices up.

You could claim the cost of the lost discount you were expecting - that is, your money back, plus how much extra it would cost to buy elsewhere at today's prices.


But if this amount is only a few pounds, then it would never be worth the effort of taking them to court to get it. And don't forget that you would have to provide evidence of the loss of bargain to the court.


So it's unlikely to be worth the effort of claiming, that's why everybody is advising you to just take the refund and move on.

naedanger

Ectophile wrote: »

You could claim "loss of bargain" if...

1. Several sellers were offering the goods at a sale price.
2. You placed an order with one of them, and they accepted the order.
3. They failed to deliver the order.
4. By the time that they admitted they could not deliver, all the other suppliers had put their prices up.

You could claim the cost of the lost discount you were expecting - that is, your money back, plus how much extra it would cost to buy elsewhere at today's prices.

It is not necessary for several sellers to have been offering the goods at a sale price to claim loss of bargain. All that is needed is for the goods not to be available for the price paid (or less) when the seller fails to supply the goods. In which case the customer can claim the cost of buying the goods from elsewhere rather than the (lower) price they paid.

But if this amount is only a few pounds, then it would never be worth the effort of taking them to court to get it. And don't forget that you would have to provide evidence of the loss of bargain to the court.

Agreed. (Though I don't think it would be difficult getting evidence to show loss of bargain. Just evidence of the price paid and the current price of the same goods now.)

So it's unlikely to be worth the effort of claiming, that's why everybody is advising you to just take the refund and move on.

Another reason is that it is quite possible that Game never entered a contract, and so are not legally liable.