New table not available for months/sold under false pretenses

daheff

So I bought a new kitchen table back end Jan. 25% deposit was paid at the time of purchase. Was told it would be available at the end of March. Been ringing/ calling to the store a few times since mid-march to get an answer on when it will be available.

Got talking with customer service today and they have told me that the storehave been chasing this supplier for 6 months to deliver !!! :eek:


I think the store should not have been selling goods in end Jan when I bought as they were already 3 months chasing deliveries.

I feel they have sold under false pretenses. We've already sold our old kitchen table that this was to replace.

What are our options here?

Diziet

Ask them for your money back and buy elsewhere would be the obvious remedy.

daheff

Diziet wrote: »

Ask them for your money back and buy elsewhere would be the obvious remedy.

Yeah, I think that much is a given.

Wondering is there somebody (external body) to make a complaint to about it? Or any legal remedy?

TheChizler

Pointless trying to go any higher than the store when you haven't even asked the store for your money back yet.

ohnonotgmail

daheff wrote: »

Yeah, I think that much is a given.

Wondering is there somebody (external body) to make a complaint to about it? Or any legal remedy?

to what end?

daheff

ohnonotgmail wrote: »

to what end?

Selling goods they knowingly cannot provide in the agreed timeframe. We have a contract of sale (money has passed) which they cannot complete. AFAIK the directors are breaking the law by allowing the company enter into such a contract.

I also bought the table on sale passing up others at sale times. Looking to buy again now would mean i would then have to pay a higher price.


Whatever about the second part, the first part is what really gets me. Effectively I'm (and others who bought this product) are bankrolling their working capital.

ohnonotgmail

You signed a contract. your remedies are in that contract. what does the contract say about failure to deliver?

daheff

ohnonotgmail wrote: »

You signed a contract. your remedies are in that contract. what does the contract say about failure to deliver?

thats a good point. must look that up.

but what if there are no remedies mentioned?

ohnonotgmail

daheff wrote: »

thats a good point. must look that up.

but what if there are no remedies mentioned?

well then ask them for your money back.

CeilingFly

daheff wrote: »

thats a good point. must look that up.

but what if there are no remedies mentioned?

get your deposit back and move on - it really is as simple as that.

Telly

Why wouldnt you just ask for you money back and move on?

Xterminator

Hi Op

If you get your money back you can buy a different table.
If you feel the shop has let you down, you can do so in another shop.

However it sounds likely the supplier has let the shop down. You think the shop should have been more pro-active in letting you know about supply chain issues - i get that.

But are you seeking punitive damages here? Because that's what it sounds like.

Homer

Telly wrote: »

Why wouldnt you just ask for you money back and move on?

because compensation and all that... cant you see the terrible hardship they have suffered?! Probably eating their dinner on the kitchen floor the poor divils.. I'd call Joe :cool:

Wheety

Yeah, just ask for your money back. If they refuse, then start looking at consumer bodies. If you go straight to complaint without even seeking your money back, you won't be entertained.

daheff

So I had a look at their T&Cs last night. Funnily enough, I can only cancel the order now if they agree to it. Otherwise I lose my deposit.

Homer wrote: »

because compensation and all that... cant you see the terrible hardship they have suffered?! Probably eating their dinner on the kitchen floor the poor divils.. I'd call Joe :cool:

We're not far off it. We sold our old table mid march as we were still being told new table would be delivered end march/first week April. So now we have the old patio furniture out.

ohnonotgmail

daheff wrote: »

So I had a look at their T&Cs last night. Funnily enough, I can only cancel the order now if they agree to it. Otherwise I lose my deposit.




We're not far off it. We sold our old table mid march as we were still being told new table would be delivered end march/first week April. So now we have the old patio furniture out.

have you asked them to return you deposit?

daheff

ohnonotgmail wrote: »

have you asked them to return you deposit?

yes

standard...sorry its taken longer than we would have liked. Expect delivery in July.


People are getting hung up on the deposit part. My main query is about the selling under false pretenses. Who would I complain to about that? Advertising standards authority?

Tigger

You were told the first week in April? Is this written on the contract ?
Your table is almost two weeks late, you need to contact a solicitor immediatly to see if they can force the store to financially compensate you for this outrage.

Tigger

daheff wrote: »

yes

standard...sorry its taken longer than we would have liked. Expect delivery in July.


People are getting hung up on the deposit part. My main query is about the selling under false pretenses. Who would I complain to about that? Advertising standards authority?

It seems to be outside their remit but you could try.
http://www.asai.ie/make-a-complaint/

runawaybishop

daheff wrote: »

My main query is about the selling under false pretenses.

What false pretenses? A supplier let them down.

ohnonotgmail

daheff wrote: »

yes

standard...sorry its taken longer than we would have liked. Expect delivery in July.


People are getting hung up on the deposit part. My main query is about the selling under false pretenses. Who would I complain to about that? Advertising standards authority?

can you establish that at the time they sold the table to you that they knew they could not deliver at the end of march?

What does your receipt actually say? does it have a delivery date on it?

daheff

ohnonotgmail wrote: »

can you establish that at the time they sold the table to you that they knew they could not deliver at the end of march?

they told me on the phone a couple of days ago that they have been having problems getting deliveries from this supplier for 6 months (ie 4 before I bought & 2 after). To any reasonable person they shouldn't be telling potential customers that they can honor deliveries.

They also say they record phonecalls to customer service lines.

daheff

ohnonotgmail wrote: »

can you establish that at the time they sold the table to you that they knew they could not deliver at the end of march?

What does your receipt actually say? does it have a delivery date on it?

In comments it says "delivery end April" April is crossed out and March written beside it (As I queried this with the sales guy at point of sale because he told us end March).

runawaybishop

daheff wrote: »

To any reasonable person they shouldn't be telling potential customers that they can honor deliveries.

Why wouldn't they? Suppliers are late all the time, there is no false advertising there.

Just ask for your money back and move on.

ohnonotgmail

daheff wrote: »

In comments it says "delivery end April" April is crossed out and March written beside it (As I queried this with the sales guy at point of sale because he told us end March).

if the receipt says end of march then press them to return your deposit. if you want to go further you need to go to SCC.

ohnonotgmail

daheff wrote: »

they told me on the phone a couple of days ago that they have been having problems getting deliveries from this supplier for 6 months (ie 4 before I bought & 2 after). To any reasonable person they shouldn't be telling potential customers that they can honor deliveries.

They also say they record phonecalls to customer service lines.

i dont really want to labour the point but they might have had the expectation that their supplier problems could be resolved before your item was due to be delivered. I really can't see how you can take this part of it further.

CeilingFly

daheff wrote: »

Who would I complain to about that? Advertising standards authority?

You complain with your feet - that has always been and always will be the way to correct issues like this.

Wanting to spend hours writing a complain and following up on it is a complete and utter waste of everyone's time including your own.

Looking at other posts, you seem to be very unlucky with a lot of companies over the year and maybe you just expect too much.


I simply cancel and don't use any company that does not meet a reasonable standard of service and I never dwell on it. It really is that simple and there are far far far more important things in life.

daheff

CeilingFly wrote: »

Looking at other posts, you seem to be very unlucky with a lot of companies over the year and maybe you just expect too much.

really cant see how you see this???

daheff

runawaybishop wrote: »

Why wouldn't they? Suppliers are late all the time, there is no false advertising there.

Maybe they are always late, but if i'm buying off a supplier who is then 4 months late in deliveries...in my company we stop dealing with them and stop taking orders from customers.

In any case selling under false pretenses is different to false advertising.

runawaybishop

daheff wrote: »

Maybe they are always late, but if i'm buying off a supplier who is then 4 months late in deliveries...in my company we stop dealing with them and stop taking orders from customers.

In any case selling under false pretenses is different to false advertising.

In any case this isn't what happened here. Just ask for your money back and get on with your life.

s7ryf3925pivug

Get your deposit back and get a table somewhere else

MOH

Homer wrote: »

because compensation and all that... cant you see the terrible hardship they have suffered?! Probably eating their dinner on the kitchen floor the poor divils.. I'd call Joe :cool:

Tigger wrote: »

You were told the first week in April? Is this written on the contract ?
Your table is almost two weeks late, you need to contact a solicitor immediatly to see if they can force the store to financially compensate you for this outrage.

OmegaGene wrote: »

What is wrong with people
Supplier let’s down the shop these things happen all the time
Get the money back or get another table from the shop and move on simple
What other outcome is there financial compensation ?? We live in a snowflake world these days

This is why companies get away with shafting customers all the time. Someone raises an issue with a store knowingly making promises to customers they can't deliver.
Asks if there's anyone they can report the store to for this. Never mentions looking for damages, they're annoyed the store is getting away with it and want to stop it.

Internet warrior brigade emerge, accuse OP of looking for outrageous financial compensation, demand to know why they have the temerity to actually want to do something about shoddy customer service. :rolleyes:

Consumer Issues is a bit of a train wreck these days, a few years ago people used to be able to actually get advice, now it's just cool to blame the OP for everything.

runawaybishop

MOH wrote: »

Someone raises an issue with a store knowingly making promises to customers they can't deliver.

Stores do not deliberately make promises they know they cannot deliver, that would be stupid. The supplier no doubt told the store they would be able to deliver. There is no one you can report the store to for" knowingly making promises to customers they can't deliver." as that didn't happen.

You can, however, report a breach of contract if that occurs.

Internet warrior brigade. :rolleyes:

seamus

There's no sale under false pretences. It's an item they order on request, and while it may be relevant that they've been having trouble with that supplier, it's not really of any concern to you. The shop gives you a date when they expect the item to come in, and that forms part of the contract. If the item fails to be delivered within the time frame, then you have the right to get back any deposit and walk away.

The shop didn't know at the time that the supplier would continue to fail to deliver for another 3 months. So nobody lied or made false promises.

dudara

Posters - enough of the "internet warrior brigade" comments and reactions. To borrow a phrase from PI, responses should be helpful and constructive. You don't have to agree with everyone, but you should offer advice.

dudara

daheff

seamus wrote: »

There's no sale under false pretences. It's an item they order on request, and while it may be relevant that they've been having trouble with that supplier, it's not really of any concern to you. The shop gives you a date when they expect the item to come in, and that forms part of the contract. If the item fails to be delivered within the time frame, then you have the right to get back any deposit and walk away.

The shop didn't know at the time that the supplier would continue to fail to deliver for another 3 months. So nobody lied or made false promises.

They never told us at the time of sale that they already had 3-4 months of problems getting the supplier to deliver. If they had we'd not have bought. Simple as that.

Telly

daheff wrote: »

They never told us at the time of sale that they already had 3-4 months of problems getting the supplier to deliver. If they had we'd not have bought. Simple as that.

Ask for your money back.
Simple as that.