Halfords - Loss of Bargain Complaint
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Tarkus
Posts: 8 Forumite
Sorry for this is long post but I'm looking for some helpful guidance.
Early on 21st Dec, I bought a Karcher K4 Pressure Washer from Halfords in Nottingham which they price matched against Homebase who were selling them for a reduced price of £75 however, there was no stock in my area but there was at Homebase in London. Halfords price was £199.
At the time of the purchase both of Halfords web sites (desktop browser & mobile site) were showing the same Price Match terms and they did not have any distance clause in them, it just said 'The competitor must be based in the UK and sell to direct to customers (I have a copy).!
At approx 11am on the 21st Dec Halfords updated there browser website to include a 30mile radius clause however, they did not change their mobile site terms, these did not get updated until sometime on the 23rd Dec. Prior to this, I decided to order another 3 Pressure Washers for Christmas presents using Click and Collect via my phone.
When I was contacted about my order I stated that I will be expecting Halfords to Price Match based on the terms as displayed on their mobile site, but the store refused to price match stating that the 30mile clause applied. I explained that the mobile site contained no such clause and offered to show them but they still refused to honour it saying that they had been told by Head Office to not Price Match unless within the 30mile radius.
I've raised a case with Halfords Customer Services and I'm reviewing persuing a case for Breach of Contract in respect of Loss of Bargain as they refused to allowed me to complete my purchase by failing to honour their Price Match terms as displayed on their mobile site which had not been ammended at the time of me wanting to omplete my purchase of them.
Halfords have clearly got caught out by the demand for Price Matches on these due to Homebase selling out fast and have tried to move quickly by changing their terms to limit the loss of profit, but it seems many others have also been denied a legitimate Price Match by Halfords refusing to aknoledge the terms which remained without a 30mile clause on their mobile site.
Do you think I would I have a valid claim
Early on 21st Dec, I bought a Karcher K4 Pressure Washer from Halfords in Nottingham which they price matched against Homebase who were selling them for a reduced price of £75 however, there was no stock in my area but there was at Homebase in London. Halfords price was £199.
At the time of the purchase both of Halfords web sites (desktop browser & mobile site) were showing the same Price Match terms and they did not have any distance clause in them, it just said 'The competitor must be based in the UK and sell to direct to customers (I have a copy).!
At approx 11am on the 21st Dec Halfords updated there browser website to include a 30mile radius clause however, they did not change their mobile site terms, these did not get updated until sometime on the 23rd Dec. Prior to this, I decided to order another 3 Pressure Washers for Christmas presents using Click and Collect via my phone.
When I was contacted about my order I stated that I will be expecting Halfords to Price Match based on the terms as displayed on their mobile site, but the store refused to price match stating that the 30mile clause applied. I explained that the mobile site contained no such clause and offered to show them but they still refused to honour it saying that they had been told by Head Office to not Price Match unless within the 30mile radius.
I've raised a case with Halfords Customer Services and I'm reviewing persuing a case for Breach of Contract in respect of Loss of Bargain as they refused to allowed me to complete my purchase by failing to honour their Price Match terms as displayed on their mobile site which had not been ammended at the time of me wanting to omplete my purchase of them.
Halfords have clearly got caught out by the demand for Price Matches on these due to Homebase selling out fast and have tried to move quickly by changing their terms to limit the loss of profit, but it seems many others have also been denied a legitimate Price Match by Halfords refusing to aknoledge the terms which remained without a 30mile clause on their mobile site.
Do you think I would I have a valid claim
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Comments
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No claim at all, you made an offer to purchase and they declined your offer, no contract was formed so no contract was breached.
You got greedy and got caught.0 -
At approx 11am on the 21st Dec Halfords updated there browser website to include a 30mile radius clause however, they did not change their mobile site terms, these did not get updated until sometime on the 23rd Dec. Prior to this, I decided to order another 3 Pressure Washers for Christmas presents using Click and Collect via my phone.
Pull the other one it's got Christmas bells on it. Re-sale on Ebay no doubt and make a nice quick profit.0 -
I decided to order another 3 Pressure Washers for Christmas presents using Click and Collect via my phone
No one will believe this statement imo0 -
A contract is usually only formed once you pay for the item and collect it.
If you had paid for these items at the full price, you might have had a case for claiming a refund of the difference.
If you did not collect and pay for the items, I don't think a contract was formed, so you have no claim. The most you could do would be to complain to the Advertising Standards Authority but that wouldn't get you compensation.0 -
Looks like you will be driving to Homebase in London if you really want the pressure washers at that price.0
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Three last minute pressure washer Christmas presents! You couldn’t make it up...0
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Not a chance.
It previously said the price must include delivery anyway. There was no stock at homebase for you to actually get delivered, right?0 -
Were your friends disappointed on xmas day not getting there pressure washers
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Thanks for all your informed responses so far. Fortunately I don't need profit derived from eBay sales to sustain my living standard and no, all my friends and wern't disappointed that they never got one of these, that said there is still a point of principle and possibly law to be challenged here.
As I understand it, a sale does not necessarily have to be formed to make a claim for Loss of Bargain if you belief this statement "Expectation!loss. The usual measure of damages for breach of contract. It refers to the innocent party's!loss!of a bargain, such as the profits that it would have expected to receive had the contract been performed, less the costs it would have incurred to earn that profit"0 -
Thanks for all your informed responses so far. Fortunately I don't need profit derived from eBay sales to sustain my living standard and no, all my friends and wern't disappointed that they never got one of these, that said there is still a point of principle and possibly law to be challenged here.
As I understand it, a sale does not necessarily have to be formed to make a claim for Loss of Bargain if you belief this statement "Expectation!loss. The usual measure of damages for breach of contract. It refers to the innocent party's!loss!of a bargain, such as the profits that it would have expected to receive had the contract been performed, less the costs it would have incurred to earn that profit"
Crack on, let us know what happens.0
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