Bought an Ex display kitchen. Now been told it was sold to someone else

dinkygirl

So yeah, bought an ex-display kitchen from Wickes. Sold sticker on it with my name, sorted just waiting for delivery date to be arranged. 

Ordered worktops, sink and other bits that weren’t included and had them delivered. 

Now I’ve had a call from wickes saying a member of staff, who just got back from holiday, has said they already sold the kitchen to another customer. 

Can anyone advise me on what rights I have? 

Thanks

Bradden

The right to a refund.

Manxman_in_exile

Did you order the sinks and worktops etc from Wickes too?

Aylesbury_Duck

As above, a full refund for the kitchen, and if you bought the other things from Wickes, they should take them back for a refund, too.

Gavin83

I’m expecting the sink and worktops aren’t bespoke to that kitchen and therefore can be used for another one, so no real reason to refund those. Saying that if Wickes supplied the other bits I’d expect them to refund.

When you ask about your rights what resolution are you looking for?

Mistakes happen. As a goodwill gesture I would expect Wickes to offer you money off of another kitchen but until you indicate what you’re looking for it’s hard to say what’s appropriate.

Olinda99

You have the same rights against Wickes as you do against anyone who breaches a contract - these rights are quite extensive and include Wickes paying any and all losses you have incurred as a result of that breach to put you back in the position you were before.

Make a list of your losses (include everything - phone calls, petrol, things you have bought and now can't use, etc) and  ask Wickes to pay. If not, sue them in the small claims court.

Google breach of contract for lots of info.

MalMonroe

dinkygirl said:

So yeah, bought an ex-display kitchen from Wickes. Sold sticker on it with my name, sorted just waiting for delivery date to be arranged. 

Ordered worktops, sink and other bits that weren’t included and had them delivered. 

Now I’ve had a call from wickes saying a member of staff, who just got back from holiday, has said they already sold the kitchen to another customer. 

Can anyone advise me on what rights I have? 

Thanks

Hi, if you have actually paid for the kitchen and accessories, then to my mind that gives you priority over the customer that the returned from holiday staff member says they sold it to. What  ridiculous set-up! Surely if they had sold it previously, they should have made a note somewhere, even if not on the actual kitchen itself? What kind of shoddy business practise is that?!

What I would do is phone the manager of that branch of Wickes because I'm fairly sure that nobody will have told the manager of this situation. Someone is trying to sort out a problem of their own making and in the process are inconveniencing you. Tell that manager what has happened and ask them to sort it out in your favour, since one of their staff has made a mistake.

See what the person in charge of the store says first. By rights that kitchen is yours (it had your name on it!) and the Wickes sales staff are trying to cover up their boo-boo without telling their boss.

There is some relevant information in their T&Cs - including what to do if you are not satisfied with their response to a complaint, i.e. contact the furniture ombudsman. 

https://www.wickes.co.uk/termsAndConditions

Hopefully they will be able to sort things out to your satisfaction but first you do need to speak to a senior member of staff or manager and express your great displeasure.  

screech_78

MalMonroe said:

dinkygirl said:

So yeah, bought an ex-display kitchen from Wickes. Sold sticker on it with my name, sorted just waiting for delivery date to be arranged. 

Ordered worktops, sink and other bits that weren’t included and had them delivered. 

Now I’ve had a call from wickes saying a member of staff, who just got back from holiday, has said they already sold the kitchen to another customer. 

Can anyone advise me on what rights I have? 

Thanks

Hi, if you have actually paid for the kitchen and accessories, then to my mind that gives you priority over the customer that the returned from holiday staff member says they sold it to. What  ridiculous set-up! Surely if they had sold it, they should have made a note somewhere, even if not on the actual kitchen itself? What kind of shoddy business are they running?

What I would do is phone the manager of that branch of Wickes because I'm fairly sure that nobody will have told the manager of this situation. Someone is trying to sort out a problem of their own making and in the process are inconveniencing you. Tell that manager what has happened and ask them to sort it out in your favour, since one of their staff has made a mistake.

See what the person in charge of the store says first. By rights that kitchen is yours and the Wickes sales staff are trying to cover up their boo-boo without telling their boss.

There is some relevant information in their T&Cs - including what to do if you are not satisfied with their response to a complaint, i.e. contact the furniture ombudsman. 

https://www.wickes.co.uk/termsAndConditions

Hopefully they will be able to sort things out to your satisfaction but first you do need to speak to a senior member of staff or manager and express your great displeasure. What a cheek!

Sorry, but that just isn’t helpful. 

It’s clearly been sold to another customer first before the OP even seen the kitchen, so “by rights”, it’s the other customer’s kitchen. 

They can’t give you something they don’t have. People make mistakes and it’s really unfortunate, but a mistake all the same. You’re entitled to a full refund and if you bought other stuff from wickes, they should refund you for them too. Over and above that, you’ll be looking at goodwill. 

Ergates

Olinda99 said:

You have the same rights against Wickes as you do against anyone who breaches a contract - these rights are quite extensive and include Wickes paying any and all losses you have incurred as a result of that breach to put you back in the position you were before.

Make a list of your losses (include everything - phone calls, petrol, things you have bought and now can't use, etc) and  ask Wickes to pay. If not, sue them in the small claims court.

Google breach of contract for lots of info.

It would only be losses resulting from the mistake.  So petrol used to go to the store in the first place couldn't be claimed as that was used before the contract was entered into.  I struggle to think of ways in which the OP would have used *additional* petrol as a direct result of the mistake that wouldn't have been spent otherwise.

Phone calls - unlikely that the OP has had to make any paid phone calls *as a result* of this error.

Things bought - if they're bought from Wickes the OP could push for a refund.  But otherwise they're still usable - the mistake hasn't prevented the OP from having a kitchen, just not that kitchen.

sheramber

MalMonroe said:

dinkygirl said:

So yeah, bought an ex-display kitchen from Wickes. Sold sticker on it with my name, sorted just waiting for delivery date to be arranged. 

Ordered worktops, sink and other bits that weren’t included and had them delivered. 

Now I’ve had a call from wickes saying a member of staff, who just got back from holiday, has said they already sold the kitchen to another customer. 

Can anyone advise me on what rights I have? 

Thanks

Hi, if you have actually paid for the kitchen and accessories, then to my mind that gives you priority over the customer that the returned from holiday staff member says they sold it to. What  ridiculous set-up! Surely if they had sold it previously, they should have made a note somewhere, even if not on the actual kitchen itself? What kind of shoddy business practise is that?!

What I would do is phone the manager of that branch of Wickes because I'm fairly sure that nobody will have told the manager of this situation. Someone is trying to sort out a problem of their own making and in the process are inconveniencing you. Tell that manager what has happened and ask them to sort it out in your favour, since one of their staff has made a mistake.

See what the person in charge of the store says first. By rights that kitchen is yours (it had your name on it!) and the Wickes sales staff are trying to cover up their boo-boo without telling their boss.

There is some relevant information in their T&Cs - including what to do if you are not satisfied with their response to a complaint, i.e. contact the furniture ombudsman. 

https://www.wickes.co.uk/termsAndConditions

Hopefully they will be able to sort things out to your satisfaction but first you do need to speak to a senior member of staff or manager and express your great displeasure.  

But what if the first customer has already paid for it? By your reckoning that gives then priority.

biscan25

Looks like one of those scenarios where consumer rights fall short of contract law, if they are only offering a refund.

Is this kitchen discontinued? If not then the best remedy is surely for them just to give you the equivalent kitchen, but not ex-display. Whilst I'm sure you got a decent discount on it, I'd wager they'd still make a profit on it, so everyone is happy all round.