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Claim against shop which failed to deliver limited edition goods

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ElectronicFur
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Claim against shop which failed to deliver limited edition goods

#301208

Postby ElectronicFur » April 17th, 2020, 1:47 am

I pre-ordered a limited edition item online, paid in full, but after waiting three and half months the shop says they cannot provide it. They originally assured me that they had an allocation reserved with the regional distributor. They moved the delivery date several times, but each time assured me they had an allocation.

It's now too late to order the item elsewhere, as it was limited. To buy one in the secondary market is almost double the original £3k+ price as the manufacturer is not making any more. And I can't afford that. Is there possibility of a claim against the shop for breach of contract?

servodude
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Re: Claim against shop which failed to deliver limited edition goods

#301209

Postby servodude » April 17th, 2020, 2:11 am

ElectronicFur wrote:I pre-ordered a limited edition item online, paid in full, but after waiting three and half months the shop says they cannot provide it. They originally assured me that they had an allocation reserved with the regional distributor. They moved the delivery date several times, but each time assured me they had an allocation.

It's now too late to order the item elsewhere, as it was limited. To buy one in the secondary market is almost double the original £3k+ price as the manufacturer is not making any more. And I can't afford that. Is there possibility of a claim against the shop for breach of contract?


In principle I think you might

looking at https://www.businesscompanion.info/en/q ... y-of-goods

under the section Loss or damage in transit
If the trader arranges for goods to be delivered to a consumer, the goods remain at the trader's risk until delivery. Therefore it is the trader's responsibility to ensure that goods are not lost or damaged in transit and/or to take out appropriate insurance.


under section Additional Compensation
Whatever remedy the consumer chooses or ends up with, they may also be able to claim compensation for losses that have been incurred. These losses might include the cost of any property damage caused by the goods, compensation for personal injury and compensation for the additional cost of buying equivalent goods if they are more expensive elsewhere.


in practice you'll have to look at the T & Cs of whatever formed the original purchase contract

good luck
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Re: Claim against shop which failed to deliver limited edition goods

#301293

Postby dealtn » April 17th, 2020, 11:25 am

ElectronicFur wrote: Is there possibility of a claim against the shop for breach of contract?


Yes. What does it say in your contract?

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Re: Claim against shop which failed to deliver limited edition goods

#301843

Postby ElectronicFur » April 19th, 2020, 11:13 pm

The T&C's mentions the consumer should be informed within one month of purchase if there is a delay or they cannot fulfil the order, and that in such a case consumer can repudiate the contract and has the right to "possible compensation".

They have been telling me of a delay since the first week of my order, and kept changing the delivery date forwards and backwards since then, but last week said they couldn't fulfil it. Possible compensation seems a bit of a woolly contract term. So I was wondering what the norms are in such a case.

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Re: Claim against shop which failed to deliver limited edition goods

#301877

Postby Mike4 » April 20th, 2020, 9:18 am

ReallyVeryFoolish wrote:Hopefully, you paid on a credit card? If so, file a claim with the credit card company too under the consumer credit act.


Not wishing to speak for the OP but I took the gist of his question to be whether he might have a valid claim for the £6k it will cost him to buy this item elsewhere, rather than just a refund of his original £3k purchase price.

Even if this is not what they meant, I would be very interested in any answers to this rather narrow point. It would mean retailers cannot always discharge all responsibility simply by issuing a refund.

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Re: Claim against shop which failed to deliver limited edition goods

#301888

Postby Mike4 » April 20th, 2020, 10:00 am

ReallyVeryFoolish wrote:
Mike4 wrote:I have no idea. As a general principal though, as I understand it, you only get to claim back your actual loss not what you "might" have lost.


I guess I was thinking of the more general principle of contract law that if the other party fails to perform, you have the right to be put into the position you'd have been in had they performed, at their expense.

For example when say, a builder fails to finish your kitchen extension and you get someone else in to finish it, and they charge more than you owe the builder. You can claim the excess cost. I'm wondering if this principle might apply to a contract with a retailer over and above the consumer's right to a refund under the credit card regulations.

ElectronicFur
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Re: Claim against shop which failed to deliver limited edition goods

#302087

Postby ElectronicFur » April 20th, 2020, 9:37 pm

They are going to bank transfer the money back. That is not my worry, as I paid by credit card, so can always get them involved.

The issue as Mike4 points out is that to now buy this product in the secondary market I will have to pay a lot more. The contract mentions "possible compensation", but I have no idea what that really means.

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Re: Claim against shop which failed to deliver limited edition goods

#302234

Postby Gaggsy » April 21st, 2020, 2:07 pm

My question would be - when do you actually enter a contract with this online party? This could be a case of offer and acceptance.

Their advert / website online could be seen as an 'invitation to treat' http://www.duhaime.org/LegalDictionary/ ... Treat.aspx and when you click the button and send them money you are offering to enter a contract with them. They may contend that they have not accepted your offer until such time as they have procured the item and are in a position to fulfil the order.

If they can't fulfil the order no contract exists and you are only entitled to your money back. You might consider asking for interest on the money they've held for several months. £3,000 at 8% over the Bank Of England base rate for 100 days would be about £65.

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Re: Claim against shop which failed to deliver limited edition goods

#303112

Postby ElectronicFur » April 25th, 2020, 10:13 am

Gaggsy wrote:My question would be - when do you actually enter a contract with this online party? This could be a case of offer and acceptance.

Their advert / website online could be seen as an 'invitation to treat' http://www.duhaime.org/LegalDictionary/ ... Treat.aspx and when you click the button and send them money you are offering to enter a contract with them. They may contend that they have not accepted your offer until such time as they have procured the item and are in a position to fulfil the order.


In this case their terms & conditions state that the contract becomes valid when I accepted the offer and fulfilled the terms and conditions set. Which I did by the payment going through successfully. I have asked them under which part of the contract they are terminating it, but have not received a response.


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