Am I entitled to the same discount for a replacement item as the original item that wasn't delivered

born_again

Or is it a case of you only got 25% discount if you bout 3 items.
So they have deducted the 25% discount from the total price & knocked that off the refund for the missing item?

Brian_s

ArbitraryRandom said:

Under the Consumer Rights Act, your rights related related to non-delivery are:

Delivery within a reasonable time: The trader must deliver the goods without undue delay and by default not more than 30 days from the day the contract is entered into (unless otherwise agreed).

Right to cancel if delivery exceeds 30 days: If the trader is unable to deliver the goods within the agreed timeframe or within 30 days, the you have the right to cancel the contract and receive a full refund.

Risk passes with ownership: The trader is responsible for ensuring that the goods are delivered to you. The risk of loss or damage to the goods passes to you when (if) they are delivered.

Right to a refund: If the goods are not delivered, the you have the right to a refund of any money paid, including delivery costs.

I'd suggest you MIGHT have an argument that they should send you one when it's back in stock at the agreed price if you are happy to wait... but generally speaking if the item is out of stock at the time of the problem/during the 30 day delivery window then a replacement is 'impossible' and the only choice is a refund, and given they've already issued that then the part of the contract related to that item is probably already considered 'ended'.  

You MIGHT also have a chance (again not likely given they've already refunded) if they would replace the missing item with another item that was on the same offer at the time you ordered... basically arguing loss of opportunity to purchase one of the other machines. Loss of opportunity is fairly hard to prove though and involves a lot of documentation should you end up in small claims - it's not loss of that 25% discount, but loss of the chance to buy a different appliance which was on sale at the time and is now more expensive.  

But in answer to your question, there isn't a direct provision in consumer protection laws that mandates a discount on a different item due to a non-delivery or unavailability of the originally ordered item so I certainly can't see how you would have any right to the 25% discount on an item which was not in the original sale or that is a higher value. 


Just to clarify, did you retain the 25% discount on the other two appliances when you were refunded the cost of the third appliance? I would suggest you would still be within the timeframe to return the vacuum or freezer if you are saying you would not have purchased them if not for the washing machine (you have 30 days to reject the whole order).

Thanks for the reply. I suppose 'reasonable time' depends on the circumstance! For someone with a working Washing Machine wanting to upgrade, they might not be in a hurry to have it delivered. For someone else with a family running 3+ full washes per week with a broken drum and leaking washing machine, 'Delivery within a reasonable time' is Next Day if possible!!

At the time of purchase, if you purchased 3 Samsung Home Appliances, Samsung gave 25% off the total price - if you bought 2 Home Appliances, you got 20% off the total price. So, all Washing Machines were effectively discounted by 25% at the time we made our purchase. Today, if you bought 3 Home appliances, it's 20% off all 3!

The refund was for the amount we effectively paid for the Washing machine i.e. Actual cost - 25%. We retained the discount on the Fridge and Vacuum cleaner - but we really need a Washing Machine!!!
Unfortunately, we like the Fridge Freezer and cannot get it for cheaper elsewhere. It was damaged when it arrived and rather than send it back for a replacement (as we couldn't do without a fridge for 2 weeks and also, now they are out of stock) they gave us a refund of 5%!

Thanks for clarifying the lack of provision in consumer protection law regarding transfer of discount to a different item albeit that the different item was also subject to the same discount. That is exactly what I was asking for information on. 

Brian_s

pinkshoes said:

Has the 25% discount remained on the other two items?

If it has then technically you're doing well, as you got a 25% discount for buying two items and not all three!

Or did the refund mean that you have now paid full price for the vacuum and fridge, and were then refunded the remaining amount? In which case, I'd have been wanting them to collect all three items for a full refund as it seems a little unfair to purchase at 25% off then get the discount removed after they'd been delivered. 

Yes, we still have discount on the other 2 items, but if we were to purchase the same Washing Machine when it comes back in stock - as we desperately need a new one - we would be £157 worse off from where we should have been had we received the machine on 3rd November plus launderette bills to date.

Brian_s

the_lunatic_is_in_my_head said:

Okell said:

As so often in these sorts of cases, I don't think the OP has made it entirely clear what the problem is.

Do they mean (a) that they've also lost the 25% discount on the two items that Samsung were able to deliver, or do they mean (b) that they've only received a discounted refund on the w/m that Samsung couldn't deliver? And which the OP didn't really want and only bought to get the "buy 3 items and get a 25% discount" deal.

If the former (ie they've got a 25% on the two items they really wanted to buy) then I think the OP has done OK. 

But if the latter (ie the OP has also lost the 25% discount on the fridge and the vacuum because Samsung are in breach of contract by not delivering the w/m) then I think the OP has a legitimate argument for loss of bargain.

I think OP wanted all 3 and has ended up with the Fridge Freezer and Vacuum cleaner with a 25% discount, but is now (understandably) unhappy they have to buy another washing machine that won't come with a 25% discount. 

Thanks for your inputs. To clarify, we needed a new Fridge Freezer and Washing Machine. Samsungs offer of 20% off 2 items appealed to us, but if we added a third item - the Vacuum cleaner - to get 25%, we were effectively getting a free Vacuum cleaner! It's not that we didn't want the Washing Machine, but that, without the discount, would not have purchased a washing machine at that price!
The question I was asking is that if I have a contractual agreement with Samsung to deliver a £629 Washing Machine for £471 (25% discount) and a date for delivery to receive it, since it was 'lost' before arriving at the Courier and is now out of stock, is it a breach of contract for me to have to pay a further £158 to get the same machine when it comes back in stock? I hope that makes sense! I think this was answered by a contributor in that the discount of 25% might not be transferrable to another Machine that would be in stock! Thanks.

Brian_s

the_lunatic_is_in_my_head said:

Okell said:

As so often in these sorts of cases, I don't think the OP has made it entirely clear what the problem is.

Do they mean (a) that they've also lost the 25% discount on the two items that Samsung were able to deliver, or do they mean (b) that they've only received a discounted refund on the w/m that Samsung couldn't deliver? And which the OP didn't really want and only bought to get the "buy 3 items and get a 25% discount" deal.

If the former (ie they've got a 25% on the two items they really wanted to buy) then I think the OP has done OK. 

But if the latter (ie the OP has also lost the 25% discount on the fridge and the vacuum because Samsung are in breach of contract by not delivering the w/m) then I think the OP has a legitimate argument for loss of bargain.

I think OP wanted all 3 and has ended up with the Fridge Freezer and Vacuum cleaner with a 25% discount, but is now (understandably) unhappy they have to buy another washing machine that won't come with a 25% discount. 

That is Correct! Also, Two items would have been 20% discount. 

the_lunatic_is_in_my_head

OP see above and message the CEO

https://www.samsung.com/uk/support/contact/email-the-ceo/

Brief and polite and see what they say   

ArbitraryRandom

the_lunatic_is_in_my_head said:

OP see above and message the CEO

https://www.samsung.com/uk/support/contact/email-the-ceo/

Brief and polite and see what they say   

Agreed, and if you feel strongly enough, if they say no the next step would be a letter before action (which we can help you with). 

If you did want to take this as far as small claims, you would buy the new machine (ideally probably one the same price as the one you originally purchased), then sue Samsung for your 'loss' - but you would need to be aware that it'll take several months and could be moderately stressful, plus there's no guarantee you'd win and you'd be risking being down another £35 (plus a very unlikely chance the court would order you to pay samsung's costs).