Article bought online during Black Friday not delivered, price now double

smashinglynaive

bris said:

There is a case law on here from a while ago more or less the same. It was a dishwasher from B&Q, a guy bought a dishwasher on sale or clearance. They sold a lot of them but when the guy went to collect his they said they had none left.

The guy then went out, bought the same model for the best price he could get then billed B&Q for the difference of what he paid and what B&Q were selling it for.Can't remember the exact details but about £150-£200 springs to mind.

They refused so he started a Loss of bargain claim which they defended. Upshot was they lost, basically they had a legal contract as it wasn't a mistake, they oversold without having the stock to sell. Bottom line is don't try and sell what you don't have. They had every intenion of honouring the contract but stock levels meant they couldn't, the contract was valid.

It's very similar here, a Black Friday deal, sell as many as you can but when the supplier says sorry none left then there is a problem. For most people it's tough luck, but for thos thast know the law (B&Q guy) his reaction was you oversold without knowing how many you could get, you breached or contract, 

Remember a companies T&C's are not above the law, no pricing error here to justify canceling the order, just bad luck or incompetence they sold more than they had or could get.

Most companies would not sell more than they have. It's hardly difficult to limit sales to, for example, 100.

Very few loss of bargain cases win.  It's difficult to prove and more often than not IS, regardless of what you say, human error and a missprice.

wesleyad

There is a case for this being bait and switch but it's very hard to prove this.

I had this with Pixmania about 12 years ago which was part of the dixons group. Very similar to the OP I bought a TV, they said they had loads in stock and would dispatch within a day or two. 4 weeks later still nothing, they then claimed out of stock, but they were still selling it at a much higher price and suggested I cancelled and bought at the higher price and they would dispatch next day.

I sent and LBA on a whim as the difference was quite a lot for me back then and they actually did fulfil the original order, I guess they didn't want a fight, but I have no idea if it would have stood up in court

bobstheboy

bris said:

There is a case law on here from a while ago more or less the same. It was a dishwasher from B&Q, a guy bought a dishwasher on sale or clearance. They sold a lot of them but when the guy went to collect his they said they had none left.

The guy then went out, bought the same model for the best price he could get then billed B&Q for the difference of what he paid and what B&Q were selling it for.Can't remember the exact details but about £150-£200 springs to mind.

They refused so he started a Loss of bargain claim which they defended. Upshot was they lost, basically they had a legal contract as it wasn't a mistake, they oversold without having the stock to sell. Bottom line is don't try and sell what you don't have. They had every intenion of honouring the contract but stock levels meant they couldn't, the contract was valid.

It's very similar here, a Black Friday deal, sell as many as you can but when the supplier says sorry none left then there is a problem. For most people it's tough luck, but for thos thast know the law (B&Q guy) his reaction was you oversold without knowing how many you could get, you breached or contract, 

Remember a companies T&C's are not above the law, no pricing error here to justify canceling the order, just bad luck or incompetence they sold more than they had or could get.

The items are, and always have been, still for sale, but of course double the price I paid. I have seriously considered going down the Small Claims route, but the items only cost £20 each, now £50 each.

oldagetraveller1

Hoover ran into trouble, a few years ago, "free" air tickets(I think it was tickets?) when someone purchased one of their vacuum cleaners. It was so successful that the offer items (tickets) ran out. I'm sure they had to honour the deal fully at the time.