Consumer heavyweight Len Dastard takes on Best Buy
Hola amigos! It is I, Len Dastard, back again to fight for you – my dedicados lectores. Whilst I write under the guise of a semi-retired Mexican wrestler I am a full-time litigation executive who gets his kicks from assisting consumers in their disputes with retailers. I also post dirty leotards to television celebrities, but let us speak no more of this.
This week I find myself up against BestBuy! Aieeeee! Avid Bitterwallet reader Damien contacted me to seek advice on a situation that he finds himself in with them. This is very similar to the matter which we successfully raised with Tesco.
Damien ordered an Olympus E-PL1 Compact System Camera. If you carry on reading to “Whats in the box” you will see that there should have been included an “Electronic ViewFinder VF-2”. This was not included and Damien used the Tesco letter in order to state that he considered BestBuy to be in breach of contract for failing to supply an item which formed part of their contract. This is a screenshot of the item when Damien ordered; it has been removed from the website.
The contract in this instance has been formed because:
1. Damien offered to buy the item
2. BestBuy accepted his offer
3. Damien paid for the item (known as consideration)
4. BestBuy then sent the item.
Contract complete. It is useful to try and remember these stages in order for you to determine whether or not your contract is legally binding.
Damien sent an initial email to BestBuy and they replied to say that will be happy to refund 10% of the purchase price (£38). This would not cover the cost of purchasing the ViewFinder as they retail at about £180. We have emailed BestBuy the following:
I do not feel that the offer truly reflects my loss.
My position was adequately set out in my recent email. In summary:
1. There has clearly been an offer and acceptance (plus my consideration) for an item as shown on your website.
2. An item was dispatched (albeit not as advertised). At this point our contract is legally binding.
As it stands, BestBuy are currently in breach of contract. You have failed to supply the item that was subject to our contract.
I am aware that the piece of missing equipment (Viewfinder VF-2) certainly would cost much more (in the region of £180) if bought separately. This is obviously considerably more than the amount that you are offering me to settle this dispute. This therefore is the
reason why I am not willing to accept your offer.
Should we not be able to reach an amicable conclusion I would have no alternative but to issue formal Court proceedings to remedy your breach of contract.
It is my genuine hope that we can deal with this matter without the need for any litigation.
So, we wait to see what BestBuy say. As soon as we have some information we will let you all know.
BitterWallet have been asked on a couple of occasions to assist following price rises by Fitness First. We are looking in to this matter but we need some assistance from anyone who still have a copy of their contract and considers their price hike to be extortionate. If this is you – contact us at firstname.lastname@example.org.