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breach of contract with store

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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,620 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Skyblues wrote: »
    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.
    It was your choice to buy on those terms. Bit late to be complaining about them now. If you don't like the way they do business, be grateful you've had an escape and don't have to be dealing with them for after-sales service. Buy from somewhere whose terms you are happy with.
  • Skyblues
    Skyblues Posts: 5 Forumite
    edited 3 May 2019 at 10:37PM
    the t&c arnt the issue.

    surely both parties entered in to the agreement. If one party backs out than the same penalties apply. As t&c cannot be unfair. as they have breached the contract not me. I should be entitled to apply the same penally.

    multiple members of staff have told me info that contradicts t&c as they don't appear to know them.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,620 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 May 2019 at 10:39PM
    Skyblues wrote: »
    surely both parties entered in to the agreement. If one party backs out than the same penalties apply.

    multiple members of staff have told me info that contradicts t&c
    So I'll repeat my earlier question: What do you want to happen?

    They're not going to pay you to buy it for more elsewhere and they cannot send what they don't have. If you're so sure they've breached the contract and that you're entitled to something beyond a full refund, take them to court.

    Edited in response to your edits; if the terms aren't the issue, why do you keep mentioning them as the basis of your complaint?
  • LadyDee
    LadyDee Posts: 4,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sorry OP, you can't win this one. Life's just full of disappointments and as somebody of great wisdom said to me once "choose your battles".
  • sheramber
    sheramber Posts: 24,834 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    If they sent you a despatch notice why would it still be in the warehouse? Despatch notices are usually sent when it is despatched to the courier.

    So, presumably it has got lost somewhere along the line between leaving the warehouse, being with the carrier and being delivered.

    Since you did not receive it the supplier is honouring the contract by refunding you.
  • they can't find the item. (not they have bothered to look for it) They have no clue where the item could be.
    What is it you want them to do? And why do you think they've not bothered to look for it?

    I should mention that, at least in my experience, those price comparisons where the company states "equivalent products cost more" it's usually nonsense. You were buying a cheaper product, not the same product as the "equivalent" that they were comparing the price with.
    Well informed on the subjects of sofas and wood furniture, and well opinionated on everything else :rotfl:
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