John Lewis Lost my Oven but won't replace

jadejie

Hi everyone,

I purchase an oven from JL clearance sale, after payment, it was supposed to deliver to me, however, it never turned up. Firstly, the distribution center saying the replacement is being ordered. Then two weeks later, the store who sold the oven saying they won't replace it but wants to refund me.

The problem is the bought oven was a mark down item due to stock clearance, but effectively it was new. The same oven is still on sale for almost double the price.

Does anyone know if I have rights to ask JL to deliver a like for like replacement?

I looked into the consumer act 2015 and found section 18(2) says the supplier must deliver but just wondered if that clause can stand its own legs.

Many thanks in advance.

Ectophile

You definitely have the right to ask for whatever you like.

But what you get will most likely be a refund.

I've just looked, and section 18(2) says "Subsection (1) is subject to provision made by any other enactment (whenever passed or made)." Whatever that means. http://www.legislation.gov.uk/ukpga/2015/15/section/18/enacted

McKneff

As above, you can ask away but invariably they will say NO.

Your only right is to have your money refunded. Shop around see if anyone else has the same on on sale.

naedanger

jadejie wrote: »

Hi everyone,

I purchase an oven from JL clearance sale, after payment, it was supposed to deliver to me, however, it never turned up. Firstly, the distribution center saying the replacement is being ordered. Then two weeks later, the store who sold the oven saying they won't replace it but wants to refund me.

The problem is the bought oven was a mark down item due to stock clearance, but effectively it was new. The same oven is still on sale for almost double the price.

Does anyone know if I have rights to ask JL to deliver a like for like replacement?

I looked into the consumer act 2015 and found section 18(2) says the supplier must deliver but just wondered if that clause can stand its own legs.

Many thanks in advance.

The term you are looking for is "loss of bargain". It is not part of consumer regulations but part of general contract law, but still applies to consumer contracts. (Basically it is the concept that the amount of damages to be paid to a party in a breach of contract case should be sufficient to put that party in the position that it would have been in if the contract had been fully performed by both parties.)

The key thing is you need to be sure you actually have a contract, especially if you bought online. Most online sales contracts are only formed when the retailer notifies you that the item has been dispatched (or possibly even when the item has been delivered). You need to check what paperwork you were sent and JL's terms and conditions. If you bought in a store then it is more likely, but not certain, that you have a contract.

bris

There is a very similar case on here, some time ago, regarding B&Q and a dishwasher which looks like a very similar case to yours. loss of bargain was awarded.


One thing to note about loss of bargain however is that you need to buy the replacement then sue for the difference, you cant just sue for X amount without first buying the product.

naedanger

bris wrote: »

One thing to note about loss of bargain however is that you need to buy the replacement then sue for the difference, you cant just sue for X amount without first buying the product.

I don't think that is true.

jadejie

Thanks all for the replies. I am gonna get back to JL on the loss of bargain arguement. Will let you know how it goes!

naedanger

jadejie wrote: »

Thanks all for the replies. I am gonna get back to JL on the loss of bargain arguement. Will let you know how it goes!

Are you sure you have a contract? If not try and clarify this point, ideally before speaking to JL.

Also, if they turn down your claim ask them the reason why? And impress on them that all you are wanting is for them to honour the contract they agreed, or failing that for you not to be out of pocket because of their breach.

Finally be aware many shop workers are unaware that sometimes a full refund is not sufficient remedy. Which means you might need to sue them (or make a section 75 claim if you paid by credit card).

jimmy_cricket

Jl have taken payment as the op says they want to refund, so I would think that a contract has been made

DoaM

bris wrote: »

One thing to note about loss of bargain however is that you need to buy the replacement then sue for the difference, you cant just sue for X amount without first buying the product.

naedanger wrote: »

I don't think that is true.

In a way it is ... you need to prove the loss. If you haven't incurred any more costs at the time of making the claim then you haven't suffered a loss, only a potential loss. This could be harder to convince a judge about than if you'd actually made the purchase elsewhere already for a higher cost.

DoaM

jimmy_cricket wrote: »

Jl have taken payment as the op says they want to refund, so I would think that a contract has been made

Not quite - it depends on what the T&Cs say as to when a contract is formed. A normal in-store purchase would consist of Offer, Acceptance and Payment - and the contract is formed on payment.

With many online transactions, the contract isn't formed until the goods have been dispatched (or a dispatch notification email has been sent), regardless of whether payment had been taken or not.

OP needs to clarify this point first.