Hi guys,
I'm not sure if this should be in this section, or in 'off topic'. Mods, please move it if needed.
I'm just after some advice as to what I should do in the following situation:
Target currently have 25% off game tables. In their catalogue, they advertise a 7 foot, blue felt Sportcraft pool table with accessories and delivery for $449 (save $150). I called a few stores on Sunday to see if they had any stock, after trying 5 stores I found one that did. Although they don't have physical stock instore (because it's delivered from their warehouse), they said they are able to sell one to me and have it delivered in 2 weeks.
I went to the store and got the item's flyer from the shelves, and took it to the cash register as per the instructions on it. The lady at the register scanned it in and accepted my payment, therefore entering into a contract of sale. She then wasn't sure how to arrange delivery, or if the warehouse even had them in stock, so she sent me to laybuy to sort it out. The lady there said they couldn't contact the warehouse on Sunday, so she took me details and said they would call me back on Monday.
On Monday, I went back to the store and spoke to another lady at the laybuy counter. She found the piece of paper with my details on it in the trash, so lucky I didn't wait for them to call me. Anyway, she took my address down and said she would arrange delivery. I asked if she had checked if the item was in stock, but she said they would be or otherwise they would have already told her that they weren't.
Then today I got a call from her saying that they weren't in stock and that I would have to go back to the store for a refund. I said I'd go in and discuss it. So I went back to the store and asked to speak to her manager (the manager of laybuy and registers). She tried to hunt down the pool table at another store, but they were none available. They could only offer a refund, or a similar table. The other table is worth the same price, but is a completely different style (red and square, rather than blue and curvy/classical). I explained that the store had entered into a contract of sale to provide a blue 7 foot pool table with claw style feet, accessories and delivery… and they are required to provide that item. I said if they withdraw from the contract "the customer is entitled to damages that would cover, for example, the extra money the customer may have to pay to buy the item elsewhere" (taken from DOCEP website).
The manager agreed to that and said if I find a similar one, she will cover the cost of it. So I went to a few pool table shops and asked them for a quote on their cheapest blue felt pool table. The cheapest I found was from Casa Billards for $695 + $100 delivery. I took the quotes back to Target only to find that the manager had changed her mind after speaking to Customer Relations. She said all they are obligated to offer is a refund or a similar table.
I spoke to the lady from Customer Relations who said the same thing, and said she would continue to look for the table I purchased to see if they could provide it, and she will get in contact with me tomorrow. She said if I want to seek damages (ie the cost of getting the Casa Billards table) I need to write to their legal department.
I spoke to DOCEP, and they said that it would be up to a court to decide if the red table they offered would be considered a suitable replacement, even though it is a completely different style. I understand that it is still a pool table, but that would be like buying a classic wooden dinner table, but then being offered a modern glass table; they are both tables, but they aren't similar. Style is just as important as function in a piece of furniture.
Anyway, I'm just after some opinions as to where I should go from here. Should I take the red table or a refund, or should I fight for the suitable replacement? I may end up writing to their legal department if it comes to it, but I don't think I'd be willing to take it to court.
I'm not trying to be unreasonable, like I didn't go looking for a more expensive table elsewhere. I did the running around and went to all 3 pool table shops that I could find north of Perth and asked for their cheapest one. I just want them to uphold their side of the contract and provide me with what I paid for, or what I consider to be a suitable replacement (ie blue felt 7 foot pool table, I'm willing to ignore whether or not is a classical style, but I simply can't put a red table in my house).
Thanks in advance for your advice, and many thanks for reading through this long story.
I don't see why you would be entitled to damages. I'm not familiar with DOCEP but in the past when I've ordered something (from different merchants) that turns out to be out of stock, they offer a refund or to wait until the item is in stock again. While the staff seem incompetent, it's not like Target was seeking to rip you off or waste your time. People waited 2 hours at MSY http://www.ozbargain.com.au/node/9160 the past couple of days for them to say they were out of stock. It's luck of the draw.