Black Friday deal not delivered

Thanth

Advice needed have ordered and paid for an item on Currys black Friday deal. Have received an order confirmation, a sales receipt and an email stating order is on its way to store but when tried to collect store cannot find it. Have received no other emails telling me there is a problem with my order and no phone calls. Before I phone customer service to ask about where it is, I wonder if anyone can help me. I think they are going to say they can't supply what I have ordered and offer me a refund. I do not want this I want the goods I ordered as I can't buy them now at that price I originally paid. Do I have the right to demand the goods (even if I have to wait for stock) instead of a refund? If not can a claim compensation as it is going to cost me more to buy item now no deals available. Thanks in advance for any help.

WillPS

Tell them what you want. If they don't comply, go over their head.

I've had good results contacting the Dixons Carphone CEO in the past.

I think pursuing the 'this is awful customer service' route will be more effective than pursuing the 'this is a breach of my rights' route.

Fosterdog

You say you had an email saying it was on its way but did you get one to say it had arrived? It’s only been a few days it’s most likely still with the courier and will arrive in a day or two.

Thanth

Item was supposed to be available to collect on Monday stated on all paperwork. Currys staff answer was to order another incase there was a problem with the first. Makes me think just trying to make there black Friday sales look fantastic.

JJ_Egan

Sent to wrong store ??

[Deleted User]

I don't think they take money for store collection so there is no contract formed. Not much you can do if they can't give you the item.

Thanth

Money has been taken from my account, pay and collect not click and collect.

bris

In order to claim for loss of bargain you need to buy it elsewhere whilst finding the best price and sue for the difference between what you paid and what the Curry's one was.


Contract is formed on the basis of offer and acceptance, as well as consideration. As this wasn't a mistake and they wanted to sell it to you then you could very well argue that all the considerations in the contract were met. It's their fault they didn't have enough stock as they should not try to sell stuff they don't have.


Case law regarding this can be found on here somewhere regarding B&Q and a dishwasher that was on sale. They sold too many and couldn't fulfil all the orders, a guy took them to court and won.

LABMAN

bris wrote: »

In order to claim for loss of bargain you need to buy it elsewhere whilst finding the best price and sue for the difference between what you paid and what the Curry's one was.


Contract is formed on the basis of offer and acceptance, as well as consideration. As this wasn't a mistake and they wanted to sell it to you then you could very well argue that all the considerations in the contract were met. It's their fault they didn't have enough stock as they should not try to sell stuff they don't have.


Case law regarding this can be found on here somewhere regarding B&Q and a dishwasher that was on sale. They sold too many and couldn't fulfil all the orders, a guy took them to court and won.

It's not a lack of stock of the item problem, it's a lost item problem.

Fosterdog

bris wrote: »

In order to claim for loss of bargain you need to buy it elsewhere whilst finding the best price and sue for the difference between what you paid and what the Curry's one was.


Contract is formed on the basis of offer and acceptance, as well as consideration. As this wasn't a mistake and they wanted to sell it to you then you could very well argue that all the considerations in the contract were met. It's their fault they didn't have enough stock as they should not try to sell stuff they don't have.


Case law regarding this can be found on here somewhere regarding B&Q and a dishwasher that was on sale. They sold too many and couldn't fulfil all the orders, a guy took them to court and won.

But this doesn’t sound like they just didn’t have enough stock, it was dispatched to the store but not made it in, either the courier has lost it, it has been delayed or there is a mixup at the store and it is there but the have misplaced it. It’s not a case of them only having 8 in stock but selling 10 then cancelling two of the orders, they had it available for OP and dispatched it.

There may still be a case for loss of bargain if it doesn’t turn up but the case law you mentioned isn’t relevant here as the scenario is different and was never meant to be misleading in any way.