Shop offer full refund but not at current contract value

[Sandals]

Unfortunately, that item was not suitable and you sought to recind the contact you entered into

The delivered item was not the larger version of the one I had originally agreed but an in between model missing a design feature we specifically purchased the original for. Even the salesman was shocked as he had offered me the upgrade of the larger model of my exact model I had purchased. He requested more money initially but eventually agreed to give the larger model for my original cash figure.

Its the shop thats looking to pull out of the deal making me accept the inbetween model or the smaller model I had originally ordered meaning I lose out on the larger model with the design feature. In accepting back my original cash from the shop I will have to add the extra cash to purchase the offered larger model in another store. I feel very hard done by as I thought consumer law would protect me in such a situation.

 

[Leo]

Consumer law is there to protect you, to ensure you do not lose out. It is not there to get you back more than you paid when a business can't (or won't) follow through.

Get your cash back, you're no worse off than where you started from. Then start the process elsewhere.

 

[Luternau]

In accepting back my original cash from the shop I will have to add the extra cash to purchase the offered larger model in another store. I feel very hard done by as I thought consumer law would protect me in such a situation.

Why not buy the same model you were originally going to buy from another store? Surely that would put you back to where you would have been,had things worked out as you thought?
If you have decided in the meantime that you would prefer the larger/better/premium model, that was offered to you for the price of a lower quality/ less fancy/ less prestigeous product, as a gesture of good will/alternaive to the product you contracted to buy, and which appears from your post to cost more, you cannot expect them to refund you the higher price. The law which applies here, does not bind a retailer to compensate you a higher amount than the price of the original item.
There is, as you were told by consumer connect or similar body, no remedy available other than what was offered to you. To think otherwise, is an unreasonable expectation of what the law should provide.

 

[elcato]

I think the only fair solution here is that the shopkeeper give you the whole shop for nothing. After all, you are doing him a favour in accepting the better deal in the first place. Where are the consumer association when you need them.

 

[Sandals]

Great news (well for me anyway) I decided to ring the manufacturers myself, went through 11 different departments (Ireland and England) and finally have confirmation that yes my larger model with my specific design feature is available and in Ireland.

I then rang the shop, who repeated well they couldn't find one (yet I knew the salesperson I was talking to was just in the shop this morning) and I passed on the name of the person I was talking to. Will have my item as soon as they get it in.

@ elcato: All I wanted was the shop to honor what they told me they would "sell" me. I was not looking for anything else other than that. I did feel I was doing the shop a favor in accepting the second deal after the hassle/expense Iwent to on the no-show deliveries. They were going to lose a sale until the goodwill gesture was offered. Plus obviously from the shop's point of view it was worth holding onto the sale also by the goodwill gesture.

@Luternau: I didnt find the larger model worth the extra money at the time of purchase so went for the smaller one with the extra design feature. We are talking 10cm in width (everything else the same). In order to hold my sale the shop offered the larger one with the design feature. Of course I was delighted and the fact two delivery dates missed etc forgotten. However after I seen the size of the larger model I would have purchased the larger model the second time.

 

[allie12]

Well I bought a new washing machine for €449, it was delivered and there was a fault with it, they offered to send out an engineer-which I refused, and asked for replacement machine. After another few calls/half day off work it arrived and they had upgraded the machine to the next model (difference of a further RRP€120) as a good will gesture.

Now hypothetically, if there had been any problems with the second machine, the "upgraded" one I would not have expected to get back more than what I paid (i.e the €449)....

So using the above example is Sandals looking at getting the higher RRP, i.e the value of what the "upgrade"should have been?

 

[Luternau]

Great news (well for me anyway) I decided to ring the manufacturers myself, went through 11 different departments (Ireland and England) and finally have confirmation that yes my larger model with my specific design feature is available and in Ireland.

So all is well. Would you mind telling us all what this item is with the specific design feature is? I am intrigued, as in all your posts, you went to great lengths not to describe it !!! ;-)

 

[Sandals]

I will when Iv the item safety landed in my house. Just the owner of the shop told me to read up consumer law using this website and another one. I told him Id ring the "professionals" consumerconnect (which he'd never heard of).

@allie12, It appears I wouldnt be entitled to the higher RRP of the upgraded model. The shop told me I was suffering "consumer frustration, which they're are many steps I can personally take to reduce/avoid this ie the ultimate one take my money back". However in my case things didnt just add up (told none of the upgraded model available) when still live on manufacturers website and also on sale in online large company.

I honestly would have thought a shop couldnt try to break a contract without there being a penalty. Was told "goodwill" is a "grey area". I mean if I wanted to break/broke the contract would it be a simple cash of just getting my full money back. I douth it!

 

[mcaul]

and the penalty for the shop is they don't get the profit margin that they would have had if they had sold you the product.

What you need to realise is we don't live in a perfect world, things go wrong sometimes, but we are not entitled to compensation for every small little inconvenience we suffer - you seem to have convinced yourself about this and have yourself worked up about it and therefore any "suffering" is totally self inflicted.

Sorry if this sounds harse, but read all your posts and look at the utter unreasonableness of them.

 

[Sandals]

and the penalty for the shop is they don't get the profit margin that they would have had if they had sold you the product.

But the issue is the shop has told me not only do they have no profit margin but are at a loss already and would be at a further loss if they deliver out my item (I found out it is available myself by ringing the manufacturers). My issue is I wouldnt have thought a shop can just say they are not going to follow through on what they've sold me. This a problem of their own making (of which they have accepted everytime Iv gone in to them, as I said the salesman was shocked and always very apologetic).

I have been nothing but accommodating, arranging someone (which cost me €40 extra than I would have paid her) to be in the house on the two missed delivery dates, then arranging myself to be home accepting the next delivery, again arranging to have someone home the next day when item went back, four hour round trips to the shop as ringing the shop just didnt work and finally a very expensive phonecall to the manufacturers.

 

[dmos87]

I cant understand why no-one here sees I am at a loss. I was offered a more expensive item for the monies paid but shop now pulling out of the deal after considerably effort on my side, all for nothing. Financially I will be at the loss of the difference between the two items. But as I said Ill just have to move on. Thanks for all the comments.

You won't be at any loss as the money paid out is being paid back in. If you are looking for consequential loss, you need to seek compensation from them for the time spent trying to resolve this. Its unfortunate they could not get you the item you wanted, however it was also extremely good of them to offer you the more expensive item for the same price. You paid X amount for the small - this is the contract entered into and all you are entitled to be refunded for by law.

I get your frustrated, but its not a "Refund" if you never paid it. Stop looking for an extra unwarranted refund, and ask for compensation if you feel hard done by.