B&Q up to 75% off sale on Outdoor Fun (swings, slides, etc) [CLOSED]

angelag_3

Can anybody clarify the legal position to do with loss of bargain if we can't find the goods for sale elsewhere...Section 51 of the Sale of Goods Act states the following:

"(3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) at the time of the refusal to deliver."

The market price as far as i can see was stated on the original invitation to treat as the retail value, we paid the bargain price so the loss of bargain is the difference between the two....unless i'm missing something....

sarahmoo

frogling...keep trying to pm you but your'e still full up....let me know when you have a space lol

mirandamayhem

ramtec wrote:

Just been on the phone to Northants TS.

I want to send B&Q a letter detailing my 'loss of bargains' and need to come up with alternative suppliers for the two items I ordered. To that end does anyone know where they are selling the table football and the garden kids multigym, I think they were originally selling for £149 and £169 on the B&Q site?

I also need the B&Q address as I've misplaced it!

I'm going to send them a letter and if I don't get anywhere I WILL take them to the Small claims court.

here's the multi gym
http://www.outdoortoysdirect.co.uk/Plastic-Climbing-Frames/Smoby-Playgym

don't know about the table, but sure you can find a link further back in this thread. Plum was the company mentioned

Frogling

sarahmoo wrote:

frogling...keep trying to pm you but your'e still full up....let me know when you have a space lol

Sorry sarahmoo, have spent the last couple of days in hospital.

I shall be back to work on the B&Q files tomorrow, so sorry everyone for the delay, but it's been a very sad time for me I'm not firing on all cylinders at the moment, but I promise I'm not giving up on the B&Q crusade!

raistllynn_2

Here's my story - I sent this letter to Egg (the credit card I used to pay for the table tennis table). The Appendices referred to are all the relevant screen prints. I have just been directed here from somewhere else. Thanks for all your stories.

Dear Sir or Madam

Re: Issue with B&Q website https://www.diy.com

I will bullet the key points in the dispute.

Friday 15 July 2005 – placed order for table tennis table. Genuine sale on B&Q Website, https://www.diy.com – up to 75% off outdoor toys. Table tennis table was £399 now £97.76 P&P £5. Receive email confirming my order. See Appendix A and B.

Please also note Appendix C, the screenprint of the terms and conditions.

Monday 18 July 2005 – on checking Egg statement, noticed that the money had come off for this item. See Appendix D.

Saturday 23 July 2005 – received a phone call from B&Q to tell us that delivery would be Friday 29 July 2005. We ask if that could be any sooner because Friday is not a good day for us to get off work, but are told that delivery can only be a Friday. I arrange a day off to wait for it.

Thursday 28 July 2005 am – receive a phone call at work from B&Q to say that we would not be getting the item because it is out of stock. I say that they seem to be in breach of their contract with us and they are not interested. See Appendix

Thursday 28 July 2005 pm – receive a phone call from the delivery company (Direct2Home or something like that) to say that B&Q have been unable to provide them with the item to deliver.

Since then I have contacted Trading Standards – please see Appendix E for my email to them – Ian Moore in Stirling Trading Standards has been in touch, and advised me to also contact yourselves.

Please also see Appendix F, and this website (http://www.dvd.reviewer.co.uk/forums/thread.asp?Forum=223&Thread=466175)
for further information as to how they took our order and were unable to supply us, but supplied other people with theirs, even though they ordered after us. It also gives a good record of the alleged stock levels when we ordered.

What do I want B&Q to do? I want the table tennis table they promised us for the price advertised, no matter how they get it (even if they have to pay £399 for it).

This letter can be supplied electronically if required.

I am happy, willing and more than looking forward to taking this all the way.

Yours faithfully

Cheers to all and keep on fighting for your stuff!

raistllynn_2

Plum Table tennis tables are for sale here

and here

raistllynn_2

Here are some email addresses:
shareholderenquiries@kingfisher.com <shareholderenquiries@kingfisher.com>; ray.baker@kingfisher.com <ray.baker@kingfisher.com>; investorenquiries@kingfisher.com <investorenquiries@kingfisher.com>; customerenquiries@kingfisher.com <customerenquiries@kingfisher.com>; customerservicesdepartment@b-and-q.co.uk <customerservicesdepartment@b-and-q.co.uk>

raistllynn_2

I have emailed Plum to see if they can give a current statement (although they might be shutting up now)

Hi

B&Q were supposed to provide me with one of your outdoor table tennis tables, but say that you cannot supply them anymore. Can you confirm that this is correct.
Many many thanks


Oh, and why haven't I been offered compensation? AND they've refunded - even though I told them not to.

mumof3girls

http://www.outdoortoysdirect.co.uk/PlumProducts,,,,135
also have the playgym they could not supply. how do i save the page to my computer as evidence??

mirandamayhem

Al_Mac wrote:

Sorry lost the will today, they rang, I accepted the £60 compensation. Intend to complain in a big letter to head office, do not intend to use B&Q again and slag them off to others.

Lost a bargain, but want my life back on this one:o

Back to the family xmas present theory again:mad:

i don't blame you. I think i'd be inclined to take £60 compensation. Atleast it's a substantial amount.

Fortunately we got one over on kingfisher this last week as found a freezer on comet online going for £79.99 if we traded in our old freezer. It was a zanussi, and was meant to be £129.99 if you traded in, and £179.99 if you didn't. Someone had obviously priced it up wrong. So we went for it! Looked the next day and they'd obviously realised their mistake as the freezers are back at normal price!!!
So £50 unwittingly lost by kingfisher! :T
Still waiting for an offer of compensation from B&Q though!