breach of contract with store

Skyblues

Quick question.

I ordered a product from a well known supermarkets website.

I received a dispatch email with tracking info. Two weeks later I called to find out what’s going on and get fobbed off that I need to leave it longer and so on. Everything I got told isn’t in t&c for the retailer. Person clearly did not know what they are doing.

I called again to be told it looks like the product has been lost.

The product is now sold out so they can’t replace it.

To buy the equivalent product will cost a lot more form a different retailer.

Can I enforce the contract that I have with the store ? If so how do I go about this ?

Cheers

agrinnall

You can't enforce it if they don't have any, but you may be able to make a claim for Loss of Bargain - but this isn't easy to do, so think carefully before deciding to proceed.

Skyblues

Item was purchased at stores RRP. So wasn't a loss of bargain as such. But an equivalent product from a different supplier would cost more.

At time of purchase they had stock and by sending me a dispatch notice they entered in to a contact with me to supply the product. The product was in stock again when I first contact them. But I as told irrelevant information.

There must be something I can do. Due to their negligence.

TheInsideGuy

what is it your wanting? you cant force a company to give you something they dont have.



i suppose the real question is how much "compo" are you wanting

Aylesbury_Duck

Skyblues wrote: »

Item was purchased at stores RRP. So wasn't a loss of bargain as such. But an equivalent product from a different supplier would cost more.

At time of purchase they had stock and by sending me a dispatch notice they entered in to a contact with me to supply the product. The product was in stock again when I first contact them. But I as told irrelevant information.

There must be something I can do. Due to their negligence.

What do you want? They're not going to pay you to buy it for more elsewhere and they cannot send what they don't have.

Rainbowgirl84

Yes you can forget about it. It happens. I order things and occasionally something goes wrong and I don't get the odd thing. I get my refund, and move on and forget about it.

unholyangel

Skyblues wrote: »

Item was purchased at stores RRP. So wasn't a loss of bargain as such. But an equivalent product from a different supplier would cost more.

At time of purchase they had stock and by sending me a dispatch notice they entered in to a contact with me to supply the product. The product was in stock again when I first contact them. But I as told irrelevant information.

There must be something I can do. Due to their negligence.

What exactly do you mean by the part in bold? Buying the same make/model from a different supplier is one thing, but an equivalent product leads to a host of questions and subjectivity.

Skyblues

So the product is a piece of furniture. That was publicised as being equivalent to a more expensive one.

They have sent a dispatch email including tracking. What forms the contract. But each time I have spoken to there customer service I'm told some other story. They are unwilling to even look for the item in the warehouse.

Nothing they say matches any of the t&c online.

Im more about the total disregard for there own t&c and the fact I was one of the first to order the product and its been in stock a few times since I first made contact when they could have replaced the item.

unholyangel

Skyblues wrote: »

So the product is a piece of furniture. That was publicised as being equivalent to a more expensive one.

They have sent a dispatch email including tracking. What forms the contract. But each time I have spoken to there customer service I'm told some other story. They are unwilling to even look for the item in the warehouse.

Nothing they say matches any of the t&c online.

Im more about the total disregard for there own t&c and the fact I was one of the first to order the product and its been in stock a few times since I first made contact when they could have replaced the item.

What is the piece of furniture?

If its something unusual then there may be an argument for a specific equivalent. If its something generic then you're on a slippy slope.

For example, a pair of limited edition shoes that have memory foam insoles, goretex lining etc then maybe you could argue it should still have those features. But a pair of imitation crocs or uggs, it wouldn't be reasonable to have those replaced with genuine crocs/uggs when other knock offs would have the same features as those ordered

bris

Loss of bargain would not be possible if it was indeed truly lost.


The contract was not breached, a third party lost the item.


In this case you get put back in the same position as you were, a refund.


There is case law on this somewhere, the one I saw was a ship carrying spices that went down in a storm in the 1800's. The buyer tried to claim loss of bargain for the cost to replace the spices but it was rejected on the grounds that a third party cause the loss so no breach of contract. Laws are still pretty much the same, case laws can date back hundreds of years.


Can't find that case anywhere now, but did find this https://legalbeagles.info/forums/forum/legal-forums/consumer-and-civil-rights/26944-loss-of-bargain-clarification/page2


Conclusion was that it went to court and was dismissed because the couriers lost the item.

Skyblues

The item hasn't left the stores warehouse. They haven't physically dispatched it apparently. they can't find the item. (not they have bothered to look for it) They have no clue where the item could be.

t&c state "You must compensate us if you breach the contract." Yet they can get away with breaching with out penalty.