Reply With QuoteCan you or an accomplice visit the store and see whether that one is still available, maybe at the higher price?
Hi all, was hoping to see if anyone had any relevant experience to a situation we’re likely to find ourselves in shortly.
We needed a new sofa, so did the rounds of the usual places to just get a feel for what is available. It’s a large space, so an expensive trip was expected. The wife saw a style she liked but, lo and behold, it was multiple thousands for all colours except one which was approximately half the price and a “relative” bargain. This colour was nice and while it wasn’t exactly what we were looking for initially we decided to go for it. The guys in the showroom weren’t pushy and I was actually fairly pleased it was all sorted with a single trip. The order and finance all went through smoothly, with the only niggle being it was currently out of stock and they couldn’t give a time for delivery. Not an issue for us as no rush.
A couple of weeks pass with no contact, until earlier this week when we get an email out of the blue saying again they didn’t know when it will be back in stock as it was discontinued. Now, we had no idea it was discontinued but again, no worries and no rush. I responded querying why we hadn’t been told it was discontinued, and then another email quickly followed from someone else basically saying there’d been a mistake made with the order and they wouldn’t be able to fulfil because of lack of stock. Hmm. They asked if we’d be interested in a different colour shade (which would be fine), but no mention of costs yet…
So, skeptical old me suspects they’ve made an error with the pricing in the store when we ordered. We were saving almost £3K as it stood. My question is does anyone know where we stand legally? Can they simply cancel an order under these sorts of circumstances? We don’t seem to be there just yet, but I’d like to be forewarned and any knowledgable comments are most welcome! Thanks
Can you or an accomplice visit the store and see whether that one is still available, maybe at the higher price?
Did you sign an agreement stating what you would get and the price you would pay for it? If so then I believe that constitutes a contract - someone with a legal understanding should be able to confirm - and if they can't fulfil it then they would be in breach of contract.
Best Regards - Peter
I'd hate to be with you when you're on your own.
We ordered it in store through their online system. It remains on their website, showing as “out of stock” rather than discontinued but at a much higher price. I suppose maybe it would be worth enquiring under another name if they’d take an order at the higher price…Originally Posted by Kingstepper
If you gave them money you have a contract with them to supply the sofa
Yes we have a signed credit agreement and order confirmation that clearly states the sofa and agreed price. We paid a deposit (only 10% but that was all that was requested)
It may well be discontinued, the manufacturer might have just stopped doing it and put in a different design. Phone the manufacturer if you know who it is and ask.
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Probably depends on the T&Cs on your order and credit agreement.
Id be surprised if their terms don't give them the scope to renege in this way but you'll need to check them I guess.
You might be able to get something out of them as a goodwill gesture.
I had the same happen to me with Heals years ago. Pretty frustrating but not much you can do about it.
Maybe see what the January sales bring, sofa often heavily discounted after Xmas. Good luck.
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Enquire about the alternative colour at the price you agreed for the original suite - surly they (would hopefully ) honour that
I think this is par for the course in that particular industry I'm afraid. Parents went through something very similar...twice. Bottom line for them was there was just no possibility of getting what was ordered (deposit paid as well) from the factory so they had to accept the deposit back and think again.
I know it sucks, and it's not right as you do indeed appear to have formed a contract - but there's just so much the company and manufacturer can do to frustrate the contract you may as well bail out.
Damn annoying, i can appreciate that. In my parents case they had to wait for multiple months before the company admitted they had no chance of supplying what was ordered and paid for.
Thanks Nick - I must admit this is where I assumed we’d end up eventually.
Appreciate all the comments. I’ll see what comes next from the company, maybe they’ll honour the price and offer an alternative, but not holding my breath.
If you were saving £3k already what was the original price? Was it made from Rolex linen dials and mainsprings?
I would make a bit of a fuss in your position especially if you now have a hard credit search on your credit file.
Assume the credit agreement will not be live yet as no account open. But the search will be there most likely.
Yes that’s a fair point I hadn’t really considered. I’m now quite intrigued to see what happens - as I mentioned these guys seemed pretty genuine in the store and the sofa brand itself has a decent reputation. I guess we’ll see
We had a similar situation with Bensons for beds, I made them supply, also it turned out that they own the supplier, Slumberland
Out of interest how did you go about forcing their hand?
Thanks all for the useful comments
As predicted this company are acting up and this is likely to turn into a bit of a row. After much back and forth they have offered a derisory “discount” on an identical sofa (but with a slightly lighter shade of green), but this will mean us paying a lot more; over 2 grand more in fact.
I have emailed the CEO of the company in the hope they will have a team with a bit flexibility in these situations. Failing this there is also an ombudsman I can contact. I do feel I might have a case here; one of their emails clearly states they made an error in store as the order was placed. I’m not going to be losing any sleep over this, but I’m going to stick with it for a while.
My main query is understanding where I stand legally. The order was placed and accepted in store along with the finance. I presume there is a contract in place - is there any legal folks on here who could advise? Happy to pay and / or make fundraiser contributions. Thanks
Defo sounds like you have a contract but then it's a question of what your remedy is in the situation where they can't fulfil it.
Are there some T&C's somewhere - read them and see what it says.
Sounds like someone else just pipped you to the discontinued one on the online ordering system, but your order went through quicker than that system updated.
Honestly under the circumstances I think a discount on the one that is available is a reasonable outcome for this in the end.
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I would agree but the discount they are offering on the alternate sofa is pathetic. The best they say they can do is actually worse than the price we were quoted in store (we had both shades of green priced up at the time we ordered).
I’m only sticking with this for now because the saving was significant - almost £3k. If it was just a few hundred quid I wouldn’t have even bothered starting this thread and would have just sucked up the cancellation and had my deposit back.
After the CEO gets back to you, if it remains a derisory offer then start having some fun on their social media; someone will get in touch to help you resolve it.
Took about a week before the Green Egg folk got in touch to resolve the issue after I posted on every photo they uploaded about how their logo was straight & mine was wonky.
It is also an amusing way to spend a few minutes, especially once other people then comment & momentum builds.
Good luck with getting it resolved, that is a huge increase in what you are now having to pay, I'd be well peeved too.
I would think that, if a contract cannot be completed due to the fact that there are no sofas of that colour left and the colour is discontinued, then the contract must be considered null and void.
You can’t force the supplier to supply something that doesn’t exist.
A similar sofa of a different colour is not the same sofa so the seller is under no obligation to sell it to you at the original price.
Just my opinion though and, legally, I could be completely wrong.
A fair comment Dave, thanks. I can appreciate that perspective but I remain irked with their responses and that the sofa is still on their website and, apparently, just “temporarily unavailable”.
That isn't how contracts work Dave. What the OP needs to do is read thoroughly the wording of anything and everything he was given and anything he has signed. That should, if with a reputable company, detail full responsibilities of each party and any contractual remedies for default - which this clearly is.
Best Regards - Peter
I'd hate to be with you when you're on your own.
Just in case you decide to enforce your rights make sure you screen shot the webpage
And one would assume that any sensible retailer would ensure that their T&C's absolve them from any further liability in these circumstances.
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This kind of thing
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Isn’t E&OE on anything you or they have signed, a full get out of jail card on the contract on their behalf?
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Thanks again everyone for the comments. This morning the company took the first payment from our account for this non-existent sofa. I was absolutely fuming, especially as I was told (via email so it’s in writing) that this would not happen until the goods were in hand.
I wrote a carefully worded but snotty email to the company CEO detailing this whole crappy experience. I was quickly contacted by the COO who has made a far better offer (with a couple of extras thrown in) to make good on their mistakes. It’s going to cost me marginally more but still a very decent deal and a better colour (according to the Mrs) so I’m likely to go for that.
I still suspect the original deal was some sort of error. However I do now believe that the stock is not available, the COO’s note is reasonable and I accept their explanation. I have also looked into the T&Cs and I’m pretty sure they can legally extract themselves from this type of contract. A friend of mine who is a lawyer also said this is likely to be the case
Anyway thanks again for all of the comments. Always useful to garner opinions here. Fundraiser donation to follow.
Well played, hopefully plain sailing from here in.
Shocking they took the cash I have to say!
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Indeed. To be fair it has already been refunded but yes, very poor
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