Rights when not received @euronics_UK goods via @Love2shop_UK gift vouchers

[mak71]

Looking for some advice please 

 

I purchased a tv and soundbar through @euronics_UK 4 weeks ago,  I paid £1700 with @Love2shop_UK gift vouchers which are multinational gift cards that can be spent in various retailers .

 

Was told the tv and soundbar would be delivered that same week, however after my order was placed the tv became out of stock , and twice since the tv has sold out again before they dispatched mine .

 

It's really frustrating and now they are implying if I want a refund they will refund me with a credit note that can only be used with them  , however the  vouchers I paid with were multi retailer that I could spend at various retailers and I've now lost faith in this company and dont want to be held to ransom by them ,

 

What are my rights concerning a refund please as I've been let down  by them on 3 separate occasions now and it's been going on for 4 weeks.

 

Any help much appreciated 

[BankFodder]

What is the name of the large retailer?

 

Did you make the purchase online?

[mak71]

Its euronics,

I paid in my local euronics shop, 

 

[BankFodder]

Thank you.

So this is not an online purchase which means that you don't benefit from the distance selling regulations.

I can see that they appear to have breached the contract at least twice – but then I gather that they dispatched the TV to you and you have received it. This correct? If it is then I would say that although at the beginning you had an opportunity to terminate the contract because the item had not been delivered, you waited so that eventually you did receive it. After that you are trying to return the item – presumably invoking some return policy that they have – and in that case they would probably be justified in insisting that you receive a credit note rather than a refund or a new multi-outlet voucher.

If on the other hand they have continued to breach the contract and you have terminated the contract as a result of their breach, then I would agree with you – you are absolutely entitled to have your refund or at least your voucher.

Maybe you could clarify your story

[mak71]

Thanks for the input

 

Just to clarify, I placed the order 4 weeks ago and they have still not delivered the TV or the soundbar, 

Each time they have promised to deliver  it's not happened as they keep claiming it's back out of stock .

 

Thanks 

 

 

 

 

[BankFodder]

Thank you. In your first post you suggested that they had already dispatched yours – but only after having sent out to others.

However it now looks as if they are in breach of their contract. I think you are entirely reasonable to send them written notice cancelling the contract and telling them that you want a refund or a return of the voucher and that you are not prepared to accept a credit note.

I think also that you need to make it clear that now that the contract has been terminated by reason of their breach, you are not prepared to accept delivery from them under any circumstances and if they attempt to have anything delivered then you will refuse it.

Tell them that the only thing you will accept now is a refund of the value of the voucher or a replacement voucher.

I suggest that you do this by email and by recorded delivery. If you speak to them on the phone then make sure you have read our customer services guide.

If they cause you any problems then I'm afraid that you may well have to threaten and then bring a small claim in the County Court. I expect they will put up their hands because it wouldn't be worth their while continuing – but in the event that they did proceed, their chances of success are pretty well nil. Your chances of success are better than 95%. However it's a load of hassle. Not difficult – just a load of hassle

[mak71]

Thanks for the advice 

Much appreciated