Product delivered with less items that was described online

[R0b]

I like your letter, straight to the point. Building on that, I've added to it and padded it out a little more. Feel free to use what you want from it but don't feel like you have to. There's a few points in < > which if used, will need answers from you as I don't have that information.

P.s. I've deliberately left out the point about specifications, not needed for now. Also I would edit your post and removed your name, this is a public forum.

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Hi <Name if you know it>,

I'm disappointed to hear that you'd be unwilling to send the "Special Combo Bundle" which was clearly stated on the product overview page. I note that you have since removed the Special Combo Bundle from the web page though fortunately I have retained screenshots which show the said bundle being advertised.

I should also point out that I was particularly influenced in purchasing this drone because of the inclusion of the Special Combo Bundle and had I known that the bundle would not be included, I would have likely purchased another drone. Whilst I appreciate you have consulted your supplier, the contractual agreement is between myself and Scan and it should not detract from the fact that Scan have advertised the Special Combo Bundle as being part of the overall package.

As this was a consumer-business transaction, the Consumer Rights Act 2015 implies certain conditions into the contract. In particular, Section 11 of the Act says that goods sold must match their description and if they do not, then the trader will be in breach of contract. For the reasons already mentioned above, I consider Scan to be in breach of contract.

I do not wish to return the drone as I have already taken it out of its box to test that it works (which appears to be the case for now) but also that it has already been registered in my name. Instead, I would propose the following options:

1. You supply me with the Special Combo Bundle at your own cost; or

2. You agree to a price reduction of the drone equivalent to the cost of the Special Combo Bundle <do you know this cost?> which will be refunded into my bank account so that I am able to purchase the bundle.

I would ask that you consider the above options or if you are not authorised to take such an action, please can you escalate this to someone who does have the proper authority. I trust that this matter can be swiftly resolved but should you continue to maintain your position and refuse to send me the Special Combo Bundle, then I will have no choice but to explore my options such as making a complaint through an ADR scheme (in which case you should let me know if you are prepared to use ADR and provide me with the relevant information) or alternatively, commence legal proceedings for breach of contract.

I look forward to hearing from you.

[Downey91]

Rob that's amazing, I owe you some beer tokens! Email has now been sent, I will of course, keep you updated!

[Downey91]

See below reply:


Hi,

We are terribly sorry again, regarding the incorrect information on the website

I would like to remind you this is of course human error and it was never our intention to breach our own contact. Firstly, the price you have paid is the standalone cost for the drone itself based on the reflection of Scans price listings. It was just a shame that we had accidentally listed the wrong information from a different spec sheet.

For your reference, you have not been charged for more than what the drone is worth if this kit was to come included as we merely listed the wrong contents and not the wrong pricing. You will also find on the consumer rights act that if we do breach the contract, in this case, this issue would fall under the item being not as described you are legally entitled to reject for a full refund in which we would entail to pursue. (Which we have not refused to give).

You are also able to "request" a price reduction in which the retailer is able to review and offer. You are not able to request a specific amount on request. As what you have received is the standard cost for this item on its own we would be unable to offer any discounts at this time I am afraid.

If you refuse to take the full refund based on your rights to reject then you are authorising your own acceptance to the goods, as you are not allowing the retailer to attain the resolution.

If you wish to make a complaint then that is entirely your choice but as a reminder, what we have offered is perfectly in line with the legal legislation. Please advise how you wish to proceed.
Kind regards,

[R0b]

Well on a positive note, you have them bang to rights with that email, as they have admitted their mistakes and acknowledged that there is a breach of contract. Just because they made a mistake, doesn't mean they are off the hook and although its unfortunate, if you did want to insist on the Special Combo Bundle then you've every right to do so - ultimately they ought to have taken extra care before publishing, that's their own doing not yours.

The right to a price reduction is available, where it is is not possible to request a repair or replacement. You can request a price reduction up to the full value of the goods. In this case if the drone works, then the option to repair or replace is not appropriate but you also have the option to reject the goods instead of a price reduction if you wanted - this is entirely at your discretion, not Scan so I'm not sure how they have come to the conclusion that if you don't reject the goods you are accepting them as is.

You've exercised your right to a price reduction, they have wilfully refused but you don't have to reject the goods, you could instead bring a claim for breach of contract and claim a partial refund for the cost of the bundle. The intention for breach of contract is to put you in the position had the contract been fully performed. On another note, you could also have an alternative claim against Scan for misrepresentation either negligent or innocent, but more likely innocent misrepresentation based on what they have said. Negligent misrepresentation is a statement made carelessly which induces you to enter into a contract and the statement turns out to be false. Innocent misrepresentation is where the statement give (Scan in this case) is able to prove that it reasonably believed the statement to be true. Either way, you are entitled to damages as a result, again putting you in the position but for the misrepresentation.

Overall, sounds like Scan are not prepared to back down so the ball is in your court as to whether you want to pursue it or simply accept what you've got. They can't deny what you are claiming because you have it in writing, and whilst no one can ever guarantee winning at court, an email like that would be quite compelling.

[Downey91]

Again, thanks very much for your time and help.. I'm definitely thinking of pursuing this. What would be my next step?

[Downey91]

After another email.. they've now offered £20 as a good will gesture

[R0b]

Sorry I didn't pick up your last post I don't generally come on the forum on weekends. Its obviously up to you in terms of your options, but as I mentioned last time, they have admitted their mistake and quite frankly, that isn't your issue. As harsh as it sounds, businesses have to be careful to make sure the goods are as described or they will be liable (as this is an implied term, they cannot carve it out and avoid liability) - just because you make a mistake, however big or small, that doesn't mean you can wriggle out of it.

Have you calculated how much that bundle would cost either as the bundle itself or individually and worked out which is cheaper? I think that would be your starting point first of all and then you can use that to increase the compensation - £20 might be small change if the cost of the bundle is worth £300 for example.

If you really do want to pursue this then your next step would be to send Scan a letter before action setting out a brief summary of events, how they breached the contract and what you want as a remedy. You give them 14 days to respond and then the next step is to issue a claim for that amount if you haven't come to an agreement to settle.

If you are looking to go down this route I can give you an example layout which should assist you in putting something together.

[Downey91]

Thanks Rob, the bundle would cost approx. £200, so effectively they are offering 10% of the value as a 'goodwill gesture'. I also requested information of a certified ADR provider and the reply was 'Further to your ADR request, we do not register to any ADR schemes unfortunately.' With regards to issuing a claim if it isn't resolved, would that be a claim via small claims court? If so, how much costs would I incur? I think I'd take your advice and issue them a letter, hopefully they will then take this more seriously.

[Downey91]

This was the email.. I mentioned again my disappointment that they are unwilling to provide me the items which was clearly advertised in the description: You are mistaking the term unwilling as this is something we would be willing to do if we had the bundle to give however we do not so its not that we are unwilling, its more of a case of its impossible. We can offer a good will gesture refund of £20 inc VAT for the troubles but this is all we would be able to offer as we do not make a massive margin on these units. As stated before the price you paid is correct in what you have received. Failing the acceptance of the above, I'm afraid a return for refund is all we can offer. Ideally you should of never registered the unit if you are not satisfied about any potential issues with the item delivered. Registering the product is actually taking acceptance to the goods as you would never register something you believe is wrongly received. Please let us know how you would like to proceed. Further to your ADR request, we do not register to any ADR schemes unfortunately. Kind regards, Scan Computers

[R0b]

They must tell you whether they are part of an ADR scheme but are not obliged to go through one so your last resort will be legal proceedings. Whilst I understand Scan's view, the matter is that they advertised it as being included so margin and whatnot is irrelevant - they should chalk it up as a mistake and move on.

But again the ball is in your court, you can play ping pong correspondence trying to get more money, you could accept their £20, get a refund or issue a claim for the £200. One other option might be to seek £100 as a compromise but put a time limit on it i.e. 7 days to accept (as part of your letter before action I would say) and if they don't then you will seek the full sum through court.

Not much more I can add to you current situation unless you are prepared to go the legal route, but that is up to you and whether you want to drag this out another 6 months or so and feel it is worth it.

[Downey91]

Thanks Rob, I think the compromise of £100 is a good idea. I will draft a letter before action and include this as a final option. If they decline I will proceed with legal proceedings - I think it should be done on principle. You've been a top man in here so thank you. If i'm stuck with anything i'll let you know.