Consumer rights re damaged obsolete item... loss of bargain?

[G-BOAF]

I've just purchased a (not inexpensive, non railway) item from a model shop (not naming them, as not necessarily to blame). Since purchase, and delayed delivery (courier failed to re-deliver, and instead left item at a not-very-local postoffice) it has sold out. By sods law model has a number of faults, (improperly packaged either in shop or factory with some elements of packing missing, allowing parts to move and resulting in damaged in transit, plus detail parts pack missing and damaged to some printed detail).

 

Retailer has offered me refund of item on return (or part refund and keep item). But I really want the item, mint and detailed. It is available through other retailers but at twice the price.

Do I have any rights to ask the retailer to obtain the goods elsewhere and supply them to me at the originally agreed price?

Do I have any rights for my credit card company under Section 75 to make up the difference between my original retailer price and subsequent purchase (under 'loss of bargain' in consumer rights act)?

 

Any advice appreciated.

[Trains4U]

2 hours ago, G-BOAF said:

I've just purchased a (not inexpensive, non railway) item from a model shop (not naming them, as not necessarily to blame). Since purchase, and delayed delivery (courier failed to re-deliver, and instead left item at a not-very-local postoffice) it has sold out. By sods law model has a number of faults, (improperly packaged either in shop or factory with some elements of packing missing, allowing parts to move and resulting in damaged in transit, plus detail parts pack missing and damaged to some printed detail).

 

Retailer has offered me refund of item on return (or part refund and keep item). But I really want the item, mint and detailed. It is available through other retailers but at twice the price.

Do I have any rights to ask the retailer to obtain the goods elsewhere and supply them to me at the originally agreed price?

Do I have any rights for my credit card company under Section 75 to make up the difference between my original retailer price and subsequent purchase (under 'loss of bargain' in consumer rights act)?

 

Any advice appreciated.

Simply put, No.

You have a right to a refund, and the retailer is being reasonable in offering you a discount to keep the item.
There is no obligation on them beyond that.

Loss of Bargain is really only used where a failure of service provision results in a subsequent loss of income or profit, and is a form of compensation.  It is extremely unlikely this would be entertained for a purchase of a hobby product, unless, say, the item was instrumental in producing a film for which you would have earned income, but even then its extremely shaky, would require lots of time and money in court and would probably not succeed.

 

Edited December 8, 2020 by Trains4U

[Trains4U]

Out of interest, what is the item in question?

 

[Dave-5-5-7]

2 hours ago, G-BOAF said:

I've just purchased a (not inexpensive, non railway) item from a model shop (not naming them, as not necessarily to blame). Since purchase, and delayed delivery (courier failed to re-deliver, and instead left item at a not-very-local postoffice) it has sold out. By sods law model has a number of faults, (improperly packaged either in shop or factory with some elements of packing missing, allowing parts to move and resulting in damaged in transit, plus detail parts pack missing and damaged to some printed detail).

 

Retailer has offered me refund of item on return (or part refund and keep item). But I really want the item, mint and detailed. It is available through other retailers but at twice the price.

Do I have any rights to ask the retailer to obtain the goods elsewhere and supply them to me at the originally agreed price?

Do I have any rights for my credit card company under Section 75 to make up the difference between my original retailer price and subsequent purchase (under 'loss of bargain' in consumer rights act)?

 

Any advice appreciated.

Afraid the duty of liability ends with the retailer offering you a refund. They are under no obligation to source another one for you if they are out of stock. 

[Fenman]

Where something has gone wrong, the normal principle is that you should be "made whole again" -- ie, you should be no worse off at the end of it all.

 

If the retailer has offered you a 100% refund then they have behaved impeccably, and you will be no worse off than before you started. That's all. No-one is going to be responsible for getting you the bargain you'd set your sights on and thought you'd get. That's just life.

 

But you can celebrate the fact that even though it all went wrong you were dealing with a reputable person who made sure you were whole again.

 

I think you should name the retailer, so we can give such a customer-friendly place more of our business!

 

Paul

[40F]

I think the retailer has acted fairly  and responsibly.  He responded which one or two may not have done. So to say he should be named and shamed is wrong

[Michael Hodgson]

The situation is not all that different from ordering something on "special offer" at a good price only to find they can't supply because they've sold out in the meantime to other people who saw the bargain before you..

[BoD]

1 hour ago, 40F said:

I think the retailer has acted fairly  and responsibly.  He responded which one or two may not have done. So to say he should be named and shamed is wrong

Where has anyone said that the retailer should be named and shamed?

[Fenman]

1 minute ago, BoD said:

Where has anyone said that the retailer should be named and shamed?

The OP:

 

6 hours ago, G-BOAF said:

I've just purchased a (not inexpensive, non railway) item from a model shop (not naming them, as not necessarily to blame). 

...

 

[BoD]

To me that’s the opposite of saying that they should be named and shamed.  
I’ve probably  moved on too far from original topic so apologies.

Edited December 8, 2020 by BoD

[G-BOAF]

Basically I'm not naming the retailer as the damage/missing parts may be due to the factory or a previous supplier (I am told it is ex-concession stock) not properly packing the model.

 

Sorry I posted in something of a disappointed huff; it was a very frustrating day on many fronts. I'm getting over it and most likely returning the model for a refund. It is not available brand new elsewhere so my original request was a moot point. I am however fed up with getting damaged or badly assembled models; it is becoming ever more common I find, especially damage to finish/livery.

[rob D2]

On 08/12/2020 at 17:57, 40F said:

I think the retailer has acted fairly  and responsibly.  He responded which one or two may not have done. So to say he should be named and shamed is wrong

Read what he wrote, not what you think he wrote 

[Phil Parker]

2 hours ago, G-BOAF said:

Sorry I posted in something of a disappointed huff; it was a very frustrating day on many fronts.

 

And the question has been answered so the thread will be locked.