Len Dastard, consumer law wrestler vs Debenhams
Eliz fin de semana, avid Bitterwallet readers and wrestling fans alike. I, Len Dastard shall tackle another consumer issue and apply my legendary grip, Estrangular el Caballo, to its throat - and death to your horse if you stand in my way.
Another interesting topic was put to Bitterwallet this week, when avid reader Sara emailed us to say that she had purchased a table and chairs from Debenhams in their online sale.
Debenhams were unable to send Sara the table - but they were able to send the chairs. Unfortunately, the table and chairs were two separate purchases which meant that they had their own contracts. Bummer. Or as we would say in Guadalajara - fondo sucio! Debenhams sent an email to Sara to say they didn't have the table in stock and would have to wait for further stock - by which time the table would have to be sold at full price - £330, instead of the sale price of £151.
Debenhams took the payment from when the order was initially placed, but the contract isn’t fulfilled until the product is dispatched (as is often the case in online orders). Debenhams are therefore able to rely on their Terms, specifically clause 2.3, relating to the unavailability of items:
2.3 We take payment from your card, when we process your order and have checked your card details. Goods are subject to availability. If we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods.
Then 2.6 confirms when the contract is fulfilled:
2.6 The contract will be formed at the place of dispatch of the goods.
This would of course been a different matter if the table and chairs were under the same contract and sold as a set.
The big question you might be asking is this: "Len, surely Debenhams have to honour a sale price when a product comes back in to stock?" Alas amigo, they would not. My advice, Sara - try writing a polite letter to explain how disappointed you are and hope that they will honour this price when the item does come back in to stock.
More questions and queries, please! I devour them like platanos machos. Send your emails to [email protected]