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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70697
Experience:  Over 5 years in practice
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We are a retailer, we took orders edition watches

Resolved Question:

Hi we are a retailer, we took orders for Limited edition watches April 2015 on wards and have been let down, a couple of customers left deposits for orders, are we in breech of contract?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Do you intend to perform or refund?
Customer: replied 1 year ago.
We are refunding with interest and offering some compensation too
Expert:  Jo C. replied 1 year ago.
Please don't worry. Even if you are in breach of the law they are not entitled to any more than their money back.You are in breach of contract but they would only have a claim for their deposit back or, at the very highest point, if they have to purchase the watch elsewhere at increased cost possibly the difference but that is not likely.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Thanks Jo,
And apologies for incorrect spelling of breach in my original enquiry!
I think that's ok, one customer mentioned he would sue and spoke to a solicitor who told him he was entitled to damages, is that correct?
Expert:  Jo C. replied 1 year ago.
There is always one. Usually they are the ones making allegations of historical sexual abuse too!If there is a breach then he is entitled to damages but that would only be his loss which is his deposit and maybe the difference between the price you agreed and the sum he has to pay elsewhere but the latter is unlikely.
Customer: replied 1 year ago.
Thanks,
There is no stock in any retailer of this model, however there are ones on some of the on line sites (people who managed to get one and now trying to make money on them, watch is £4600 and people asking up to £15K)
so would we worst case scenario if pushed have to refund the full price £4600?
Expert:  Jo C. replied 1 year ago.
How much were you offering to sell for?
Customer: replied 1 year ago.
It was advertised at £4600 and receipt will state £4600, less deposit £1000, balance to pay by customer £3600.
Customer: replied 1 year ago.
Have I missed your response to the above info?
Expert:  Jo C. replied 1 year ago.
Ok. What price would they have to pay to get one one the open market?
Customer: replied 1 year ago.
Between £8K and £12K (allegedly)
Expert:  Jo C. replied 1 year ago.
In legal theory they may have a claim for the difference between the sum they were due to pay and the sum they had to but that isn't likely to be awarded.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks very much for your advice, much appreciated! Denise
Expert:  Jo C. replied 1 year ago.
No problem. All the best.