'free items' and my rights

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bennytheball

New Member
Jul 8, 2009
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0
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I placed an order with an online retailer mid June, paid the money and received an email confirming the order. the retailer cancelled the order due to no stock. i have filed a claim for loss of bargain as the TV was reduced and is a few hundred pounds more expensive down the road.
the retailer has come back to offer me the tv free of charge provided i drop the claim and say nothing about it, i.e. keep it quiet.

do i have to accept this offer - and do free items, outside of a contract benefit from the same rights as if the telly broke down etc i wouldnt want the retailer to show me the door. what is my rights in these circumstances
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
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Bolton
How can they provide it free of charge if they don't have one? Who did you file the claim with? I assume this was with the Small Claims Court for the difference between the online price and the price down the road.

To answer your question, if there is no contract you are not covered by the Sale of Goods Act. It might be worth paying 1p, although this would also affect your rights as price paid is a consideration.

Tony
 
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Georginazn

Moderator
Apr 22, 2009
290
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It sounds a bit dodgy - as Tony says, how can they offer what they don't have, and you perhaps should look this gift horse in the mouth (ever tried disposing of an old/dead horse? Expensive!). Plus I am surprised that they care so much as 'loss of a bargain' is not going to get very far in court! Retailers are not duty bound to provide the product at a lower price than elsewhere, even if they advertise it as such and even if you lose out elsewhere, by deciding to buy from them and are unsuccessful!
 
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