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Graeme r

Seller sold twice

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Hi, Saturday I went into my local diy merchant and found 3 worktops at a discounted price, I paid for these in full and received a receipt , I made arrangements to pick up in next week and told cashier it would be a good idea to remove my items from shop floor straight away. Next day got phone call saying unfortunately they have sold 2 of my worktops but would be happy to give me refund. I don’t want refund I want my worktops, to replace these it would cost 3x the price, any advice would be welcome 

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Moved to general retail forum


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The purpose of a remedy for breach of contract is to put you into the position that you would be if the contract had gone ahead correctly.

this means that if you made a contract for goods which are worth £xxxx then that is precisely what you are entitled to have. this rule applies even if you paid less than the true value of the goods.  contract law does not exist to protect traders from making a bad bargain. It doesn't even in tend to protect consumers from making a bad bargain in most cases.

your starting point will be to get two or three independent quotations for the true value of the items.  These will have to be in writing.

Once you get this information then come back here.

 


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As far as i know, once you paid for the worktops, they became your property and they were just storing them for you.

So now they need to give you your worktops or enough money to buy the same ones, whatever they cost.

Remember,  they were YOUR worktops because the purchase had already been concluded.

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9 hours ago, king12345 said:

As far as i know, once you paid for the worktops, they became your property and they were just storing them for you.

So now they need to give you your worktops or enough money to buy the same ones, whatever they cost.

Remember,  they were YOUR worktops because the purchase had already been concluded.

It is broadly correct that the workshops became your property once you paid for them – but it is not inevitable. However, in this case they were.

 


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they are obliged to make good your loss and your loss was not the cash but the worktop. That means they can supply you with soem other ones and if they cost more then the ones you paid for that is their hard luck. If they were to never stock worktops ever again then refunding you the cash would be their only recourse but they would still be obliged to pay what you have forked out for ones of a similar quality elsewhere. Let them know what worktos you want and tell them you expect them to get them in for you if they are still available, other than that you will be choosing some more and not necessarilty at their store if they dont have the right ones

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