Homebase late delivery compensation

AUser

Hi everyone,

I recently ordered some chairs from Homebase online and they said the delivery would be within 7 days. At the end of the 6th day no one called us so we decided to call and figure out what was going on. They said they were going to call us on the day and nothing... Same story next day and the day after. In store they told us they had no stock so couldn't fulfill the order.

After two weeks from the order, we emailed them and they said they will finally delivery and I asked for some store credit and they offered £10 (on a £91 order) do you think it is fair or should I refuse and ask for more?

Thanks.

k3lvc

I'd be asking for at least £500 (unless there was potential harm to children in which case £1,000)

Seriously though what's the loss/additional costs that you're claiming for ?

AUser

Not claiming for any loss, they are in breach of our "contract", if I buy something online and it gives you a date, they can't just randomly deliver it when they want. I wanted them within that week (we didn't, but we could have needed them to host some guests....)

£10 seems pretty ridiculous, but the order is not massive and it's one week extra, I was interested to see if other people would expect more.

angryparcel

AUser wrote: »

Not claiming for any loss, they are in breach of our "contract", if I buy something online and it gives you a date, they can't just randomly deliver it when they want. I wanted them within that week (we didn't, but we could have needed them to host some guests....)

£10 seems pretty ridiculous, but the order is not massive and it's one week extra, I was interested to see if other people would expect more.

so say they had 4 sets of these and 5 people ordered them, at the time of ordering their system would generate and give delivery dates, but when packers go to pack the goods to deliver they find they only have 4 sets, are you expecting them to just grab another set from thin air or wait until they get a new delivery in from their supplier. you will find no contract is formed until goods are dispatched

wealdroam

AUser wrote: »

Not claiming for any loss, they are in breach of our "contract", if I buy something online and it gives you a date, they can't just randomly deliver it when they want. I wanted them within that week (we didn't, but we could have needed them to host some guests....)

£10 seems pretty ridiculous, but the order is not massive and it's one week extra, I was interested to see if other people would expect more.

No they have not breached any contract.

The delivery date was an estimate, unless at the time of forming the contract you and the seller agreed that time was of the essence.

Even if they were in breach of contract, you have no right to a penalty, only any loss you may have suffered.

From their T&Cs:

Homebase shall be under no liability for any delay or failure to deliver the products within estimated timescales.

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AUser

@angryparcel (was expecting quickreply to quote the message)

This is nonsense, if we were in the stone age, yes, maybe. But we're in the 21st century with stock control and computers. The website shouldn't say they have them in stock and ready for 7 days delivery if they don't. This anyway is a pointless discussion that has nothing to do with what I asked.

AUser

@wealdroam

OK, if it's in their T&C then nothing I can do about it, but reasonably, if you order something they can't just deliver it 20 years later and expect the customer to accept it. 7 days is still kind of reasonable, but I'm surprised they are allowed even to do that.

@powerful_Rog yeah, I really want those chairs, though

So I'm guessing people find £10 acceptable from what I read, that's all I wanted to know.

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unholyangel

There are 2 issues. The first is that if you don't specifically agree a date with a retailer at the time of ordering, they generally have up to 30 days to complete the order.

If you do agree a date/make time of the essence at the time the contract is entered into and the retailer doesn't stick to that you have the right to cancel and/or the right to damages - damages are assessed on the basis of putting you into the same position you would have been in had the breach not happened (or as near as money can do it). You're entitled to your quantifiable losses but you also have a duty to mitigate those losses - to take reasonable steps to minimise them and not take unreasonable steps which increases your losses.

You're not entitled to compensation merely because a breach of contract happens, only if you incur losses as a result of that breach. As you don't appear to have any losses, their £10 offer seems more than adequate.

angryparcel

AUser wrote: »

@angryparcel (was expecting quickreply to quote the message)

This is nonsense, if we were in the stone age, yes, maybe. But we're in the 21st century with stock control and computers. The website shouldn't say they have them in stock and ready for 7 days delivery if they don't. This anyway is a pointless discussion that has nothing to do with what I asked.

some dont use live stock control for online sales.

yes you have stock control to say they have 5 units, but unless its a live stock control system then it wont delete from stock. Also if they get the stock direct from supplier then they wont have a link to supplier stock control. and wont pick things like this up