Where do I stand?

BaZmO*

Hi,

I bought a Sofa (2+3 seater) about 2-3 weeks in Bargaintown and paid for it in full at the time. Didn't get it delivered there and then as I had only moved into a new house and was still decorating. They had no problem with me not taking it at the time and said that when I'm ready to have it delivered/collected to just give them a day or twos notice.

So yesterday I rang them to say that I'd be picking it up either today or tomorrow and would that be a problem. She said that she'd have to ring me back. So when she rang me back she said that there was a bit of a problem with the sofa that I bought. Problem being that they had sold it!!!! She also said that she had rang around some of the other branches to see if any of them had the sofa in stock, of course the answer was no. The alternative they gave me is that they have the same style of Sofa in stock now but it's a different finish and that if I'd like to call over and have a look at it to see if it's ok.

I'm fairly p1ssed off about this, as you can imagine, especially considering that I had paid for it in full and that they never bothered to ring me to tell me about the mistake, they just waited until I rang them to pick it up!

I'd just like to know where I stand regarding this. Does anybody have any advice on this?

Thanks in advance.

B.

Wishbone Ash

It was probably a mistake - communication breakdown. Have they offered you a refund?

BaZmO*

Haven't offered me anything other than to replace it with the different sofa.

I totally understand that mistakes happen (I've had my fair share of fcuk ups down through the years), but I'm more p1ssed off with the fact that I only found out about it when I rang them. And also that I paid for it in advance. It'd more understandable if I'd only put a deposit on it.

I don't know what you mean by "communication breakdown" though. It's simple, I bought a sofa, they took my money, and they sold it again. Can't see any breakdown in communication there?

I'm going down to them tonight to have a look at the new one to see what it's like, it might be fine, but I just wanted to know where I stood before I started ranting and raving at them. (well, probably won't be doing that but you know what I mean!)

Wishbone Ash

You would be perfectly entitled to get your money back.

I presume when you paid for it they neglected to put a 'sold' sticker on it and it was subesquently sold to someone else (at a higher price? )

gerrycollins

to be honest your owed nothing from them other than the sofa you purchased and if they cannot provide the said sofa (based on the fact they sold it)then you would be entitled to the nearest one in style size and shape,

but however i would push for a refund based on the obvious facts and take your business elsewhere if that is suitable to you,if they try to fob you off with a credit note tell them where to stick it and call someone like the "star" or "sun" while in their presence or Gerry Ryan(he was called by a woman in the middle of that wedding dress fiasco 2 weeks ago they got their money bcak)

alternatively they can offer you a discount on the "new" sofa as it doesnt match your furnishings etc as a act of good faith considering they sold your original

Cabaal

gerrycollins wrote:

to be honest your owed nothing from them other than the sofa you purchased and if they cannot provide the said sofa (based on the fact they sold it)then you would be entitled to the nearest one in style size and shape,

tbh thats crap, he paid for a product, they sold said product and he is fully entitled to all his money back unless they can provide the exact style of product he paid for.

Apply the same logic to a TV, computer etc and you;ll see it makes sense

jhegarty

1. They can offer you a replacment... you can accept/reject....
2. They can offer you wait it to come back in stock... you can accept/reject...
3. You can ask for you money back, they have to give it too you....

BaZmO*

jhegarty wrote:

1. They can offer you a replacment... you can accept/reject....
2. They can offer you wait it to come back in stock... you can accept/reject...
3. You can ask for you money back, they have to give it too you....

I kinda had an idea that that was where I stood. Just wanted to be sure.

Thanks for all the replies.

Capt'n Midnight

http://oasis.gov.ie/consumer_affairs/consumer_rights_and_protection/consumers_and_the_law_in_ireland.html

Under this Act the purchaser of goods has a number of rights - the main ones are

* Goods must be of merchantable quality – goods should be of reasonable quality taking into account what they are meant to do, their durability and their price
* Goods must be fit for their purpose – they must do what they are reasonably expected to do
* Goods must be as described - the buyer must not be mislead into buying something by the description of goods or services given orally by a salesperson or an advertisement.

I'd reckon that the goods offered are different to what you paid for.

If the supplier does not adhere to the terms of the contract (e.g. delivery of a product takes significantly longer than stated) you may have a right to ask for your deposit to be returned.

That's if they go down the road of offering to supply you with a sofa in that style with the original finish, when they come back in stock.

BaZmO*

Thanks for all the replies. Got it sorted in the end. They offered me the 3 seater that was in the showroom and sourced the 2 seater from another branch and gave me money off the original price so I was hapy enough with that.

bullrunner

i know that you have this all sorted now...but technically you can have them arrested. They have sold something of yours to somebody else (i know it was a f*ck up and people make them ).

You owned the couches (even though they were on their property). They have no right of ownership over them, so by selling them (whether knowingly or not) they are committing a crime. It similar to me selling your car to somebody else. Its not mine to sell.