Sale of goods, contracts etc

[RogerS]

I ordered a Triton router from B&Q and paid for it. They then turned round and said that they had no stock. Now if I want to buy one I will have to pay more and so suffer a loss.

So...just thinking...didn't I enter into a contract with B&Q to supply me with a Triton router and that by not supplying this are in breach of contract? Or will it depend on the weasel words that they may have in their Ts and Cs?

 

[Rich]

Hi Roger,
As with all purchases, if the purchaser is not satisfied with the goods supplied, (or lack of them) B/Q are duty bound to give you a full refund, if that is your wish.
Regards, Rich.

 

[Blister]

Think the best you will get is a refund of what you have paid

 

[TonyW]

Roger I would have thought that as you had paid for the item that you had in fact entered into a contract and that B&Q should honour this.

Quote from website http://www.singletrackworld.com/article.php?sid=1250
When you, as a ordinary consumer buys from a shop or over the internet, you are entering into a contract for goods.These contracts can be made either verbally or in writing.They are both still legally binding on the parties to the contract.Without knowing it however, all contracts are protected by what is known as implied rights. These are terms and conditions that the law automatically gives you .These rights last for up to six years from date of purchase and give you some legal basis by which to deal with faulty or substandard goods.

Another site you may find info useful http://www.consumeractiongroup.co.uk/forum/retail-stores-forums/117106-sale-goods-basic-guide.html

Of course there may still be the "Weasel words" in the Terms and Conditions.

Good Luck
Cheers
Tony

 

[Jake]

What weaselly terms and conditions? I don't see how they could have incorporated any into the contract - they didn't say it was conditional on them having stock or anything?

If not, it's a straightforward breach of contract, so technically you have the right to damages, i.e. the difference between the price at which they contracted to sell you one, and the price you have to pay elsewhere for the same thing. If you could be bothered to issue a county court action, they would probably pay up. They may well just brazen it out until you did.

 

[chippy1970]

I dont think you will get anywhere.

Someone I know put a deposit down on a brand new volvo a few days later when he went to pick it up he was told the salesman had sold it for the wrong price and he would have to pay more.

He got advice from his solicitor who said yes he was in the right but he would have to take them to court and it would cost a lot of money and time so dont bother.

 

[mr]

I dont think you will get anywhere.

Someone I know put a deposit down on a brand new volvo a few days later when he went to pick it up he was told the salesman had sold it for the wrong price and he would have to pay more.

He got advice from his solicitor who said yes he was in the right but he would have to take them to court and it would cost a lot of money and time so dont bother.

This happened to me. I took the view that I had paid the deposit on a car valued at £x and that the onus was on the garage to make good on that deal. If I had withdrawn from the deal after paying my deposit I would have lost the deposit which is after all the point of a deposit - ie to secure a deal at a preliminary stage. The garage grumbled but then conceeded that I was right and fulfilled their part of the contract.

cheers Mike

 

[Slim]

Roger,

You are absolutely correct. You should receive the router at the price you paid. It is not just a breach of contract for them to increase the price, it is an offence under the Consumer Protection Act.

 

[beejay]

Hi Roger,
Get the name of the MD and write a letter to him expressing your concern and disappointment at the way you were treated by the branch.
It usually helps.
regards, beejay

 

[TheTiddles]

Youre absolutely in the right under the sales of goods act. If they don't provide within the stated delivery period then it's theft. A correctly worded letter should sort it out, if you have a friendly solicitor they are normally pretty good with words (and your money). It's a fundamental that you can't renegotiate a contract one it's signed, unless it's the olympics, an NHS computing system, the millenium dome... you get the idea

Aidan

 

[RogerS]

What I find really annoying is that in hindsight when I placed the order the girl really hadn't a clue on how to use the computer system but had several attempts and managed to find a way through the system to 'take' the order.

I should have had the courage of my convictions as I did see one of the fields (in a pulldown menu) say 'Pick from Stock'. Other options were things appertaining to delivery. I asked her what 'Pick from Stock' meant and she, in retrospect, clearly made something up rather than going and asking someone. 'Pick from Stock' means to me that they have it in stock and she should go and get it. Not what she said it meant.

Days went by and no telephone call to say it had come in and when I went in to check found out then that they were unable to fulfill their side of the contract.

So rather than go into the branch and get fobbed off I decided to write to their main customer services department. Not sure what I was hoping to achieve but certainly NOT what ensued.

I got a call from B&Q Hereford this afternoon.

'It's out of stock and we're not stocking it'.

'Are you calling me in response to my letter?'

'Yes'

Fairly polite but heated discussion regarding lack of training of staff. I pointed out that if they couldn't supply me one from order then I could have bought the one from display or tried to locate one in another branch.

"Sorry we don't sell electrical items from display due to Health and safety regulations. They go back to the manufacturer" ........what the ****?

He then said I can offer you another router. No suggestion of any sweetener. He seemed to think that a B&Q special router was comparable.

So after reading the excellent replies here I called in person to the branch and asked where I should send the bill for the extra costs incurred in buying one from elsewhere. As luck would have it I met the 'manager' who had called me on the telephone - spotty faced little oik.

As Jake predicted the response was 'sod off' although not quite as blunt.

So letter to the MD next and a complaint to Trading Standards. Such a waste of my time but point of principle. Small claims court next I guess.

 

[Slim]

Yeah, file a claim against them. I have taken several banks to court and it is great fun watching huge companies squirm. :lol:

 

[Digit]

I usually open with 'are you trained to deal with awkward customers?'
Being assured that they are, (they always say they are) I respond with 'Good, 'cos you've got one!'
My greatest success was with the inland revenue and I've found that when you've got them to the state of 'Oh God! Not him again!' they'll do anything to get rid of you. :lol:

Roy.

 

[Digit]

That's true Simon, they know that if they stonewall most people will give up, 'God favours the big battalions' is the general motto.

Roy.

 

[woodshavings]

Roger, since you paid for the item, it is a breach of contract, and they are required to to supply as agreed. I don't think the offer of a refund removes their liability.

Why not phone your local CAB? They should be able to provide you with definitive information and provide you with a draft of your letter to the MD that refers to the appropiate law that covers your situation.

Good luck, JOhn

 

[Digit]

The CAB may well be prepared to intervene on your behalf, it's quite amazing how responsive the big boys can be when the magical words 'Citizen's Advice Bureau' are uttered down the phone.

Roy.

 

[Slim]

Another idea Roger, although it might not be advisable. You should be entitled to go into any B&Q in the country, pick up a Triton router and just walk out. Might be fun :lol:

 

[NeilO]

Roger, As I see it, along with a few others, you have already paid for the "goods" thus entering into a contract with B&Q to supply said goods..

an excuse for them " we have none in stock , and are no longer stocking them" is frankly hogwash, they took your money with no second thought , if such was the case the computer surely should have "flagged" at point of sale to enforce this..

afterall how can you sell something you dont stock????

I would stand firm and demand they fulfil their part of the sale and supply you with a triton at whatever cost, with them swallowing any surplus amount.
Dont take a refund, its not faulty goods, its failure to supply by B&Q their error, they should sort it out.

this is exactly why these Sheds , and other places get away with murder we as a nation dont stand up for our rights.

Power to the People :twisted:

 

[ivan]

Stick to it Roger! If you have a head office address offer them in writing, the chance to deliver "before you take their breach of contract to the small claims court" This is cheap for you (if you actually need to do it) and expensive lawyers for them. Citizens Advice will give you teh full legal phrasing which usually puts the ***ts up miscreants. Good luck!

 

[TheTiddles]

If it wasn't B&Q we wouldn't be quite so militant I think!

Let us know how it goes

Aidan