sold goods they no longer have

lost.com

Yesterday I put a deposit on a TV on sale as they have introduced a new model, the TV needed to be sent from a different store and was a fantastic price as it was from the shop floor.
Today I received a phone call to tell me that they don't have that TV but they can sell me a brand new 2017 model 49" instead of 55" and £50 pound more. Can anyone help and tell me what my rights are in this situation as I guess if they have sold it to someone else there is not a lot I can do.
Thanks

Ectophile

If they haven't got a TV of the model you want, then your right is to a full refund of whatever you've paid.

You could possibly claim for "loss of bargain" if you could have picked up a special offer elsewhere, but didn't because you ordered from the company who then couldn't supply the TV. But you would have to show that you missed out on some offer elsewhere.

unholyangel

Did they say what happened to the goods or when it happened?

SouthUKMan

I think the store simply has to ensure that you are in the same position as before you placed the deposit - in other words, give your money back. While genuine mistakes do occur, it is a bit poor. Asking you to pay £50 for a smaller TV doesn't strike me as particularly great customer service. If you haven't done so already, can you ask the manager if he can come up with something better?

deaston

The shop can cancel the contract between them and yourself by refunding the full amount - whether they have stock or not. They are not obliged to sell you anything.

You can ask for reimbursement of "reasonable losses" but, in this case, I can't see how you're really be out-of-pocket.

DoaM

I take it this was an in-store, face-to-face transaction?

What would have happened to your deposit if you changed your mind and decided to cancel?

pinkshoes

They need to put you back in the same position as you started, so a full refund.

Why not see if their offer is good value and negotiate something better if not?