Online retailer only sent half of order

[mpg]

Hello,

I ordered some taps online for our new bathroom. Today the taps for the basin unit turned up but not the bath set. The retailer is now refusing to send out the bath taps due to the price being wrong on the website.

We thought we got a discount for buying the bath and basin sets together. Turns out the price was wrong on their website and they are now refusing to send without the extra payment.

Do they have to send as they have accepted and taken payment and sent half of the order.

I have also emailed them copies of my order confirmation and my payment by credit card to sagepay as they have also said that the extra tap was not on the original order.

I was under the impression that they had entered into a contract now as they have accepted the order, processed the order, accepted payment for the order and despatched SOME of the order.

Any help would be greatly appreciated


Thanks in advance
Matt

[leclerc]

Re: Online retailer only sent half of order

Hello,

I ordered some taps online for our new bathroom. Today the taps for the basin unit turned up but not the bath set. The retailer is now refusing to send out the bath taps due to the price being wrong on the website.

We thought we got a discount for buying the bath and basin sets together. Turns out the price was wrong on their website and they are now refusing to send without the extra payment.
Are they offering to refund the whole payment in full if you send the taps back?
Do they have to send as they have accepted and taken payment and sent half of the order.

I have also emailed them copies of my order confirmation and my payment by credit card to sagepay as they have also said that the extra tap was not on the original order.

I was under the impression that they had entered into a contract now as they have accepted the order, processed the order, accepted payment for the order and despatched SOME of the order.

Any help would be greatly appreciated


Thanks in advance
Matt

I'll ask Cetelco to have a look at this one cos I think he'll be able to answer this one much better than I can.

[mpg]

Re: Online retailer only sent half of order

Are they offering to refund the whole payment in full if you send the taps back?

Not discussed that with them yet. But I assume I could send back under DSR. But its the other taps I really want.

[leclerc]

Re: Online retailer only sent half of order

Wait for a further response from Cetelco before doing anything further because I don't think they can simply refuse the order on the basis that the website price was wrong.

[stevokenevo]

Re: Online retailer only sent half of order

I think they can refuse the order because the price was wrong here

that should save you the wait

[Guest]

Re: Online retailer only sent half of order

See above.

Out of interest, by how much was the price wrong?

[mpg]

Re: Online retailer only sent half of order

I did see that thread. However

For a binding contract to exist, there must be an offer, a consequential acceptance, consideration for the deal and an intention to create legal relations.

Is that not covered in the email that contained

Your order from ******** LTD (TBB)has been successful.
The unique reference for this transaction is:***************

Dear ***** *****
Thank you for your order. Your card was authorised successfully butNO money has been debited from your account.Your card will only be debited when ***** LTD (TBB) review the order and release the payment.
Thankyou for your purchase at ****************

Please quote your order number ***************** in all correspondence with either ****** LTD (TBB) or Sage Pay.

Bearing in mind they have despatched (i have received) and taken payment for the total amount on the order. ( to clarify we purchased what we thought was a set of taps both bath and basin as bath was £0.00 on the order both seperate items)


Bearing in mind that ebuyer had informed the purchaser of the mistake. I had to tell them the tap was missing when I opened the parcel.


As for the amount its quite substantial the smaller tap was in triple figures

[Guest]

Re: Online retailer only sent half of order

Mistake is a vitiating factor, in particular since you confirm that the sum involved is, in your own words "quite substantial." Thus, the seller may treat the contract as void ab initio.

See also here, post #2. Issues with lastminute.com - Legal Beagles Consumer Forum

You are at liberty to challenge them and insist that they execute the contract, but I am not sure I fancy your chances of success.

[mpg]

Re: Online retailer only sent half of order

Its not looking so good is it.

BUT

Both of those examples were picked up before delivery.( I'm clutching at straws aren't I)

Would be interesting to know what the point of no return was though.

I mean if they had charged me "full price" and delivered both Items but then found that they were still underpriced could they then ask for extra money


But can they void half the order and not the other half

[Guest]

Re: Online retailer only sent half of order

The mistake in your case was also picked up before delivery, because the taps in question were not actually delivered.

Presumably, having realised their mistake, the goods were not sent, hence the reason you do not have them.

[mpg]

Re: Online retailer only sent half of order

I think in reality what actually happened was they realised there had been a cockup but proceeded to send out the chargeable taps to get a sale. and then try to cover up the cockup. If it had been acknowledged that there had been an error before delivery then I would have cancelled. But the feeling is now, I have a set of taps that will cost me £500 for the matching bath set.

When in reality I'm going to send these back either under DSR or because they have failed to provide thje other half of the order.

Its like ordering ski's that come with free boots but only the ski's turn up.



Thanks for your help.

back to the drawing board


Matt

[stevokenevo]

Re: Online retailer only sent half of order

i sympathise with your situation, and i hope you have found the information (although maybe not what you wanted to hear) useful

S

[mpg]

Re: Online retailer only sent half of order

Thanks.

I'd rather hear the truth either way.

I have now informed them that I am cancelling the contract under DSR.. Lets see if they respond

[mpg]

Re: Online retailer only sent half of order

I still haven't had a reply from the retailer.

Can I do a chargeback from visa??

[Guest]

Re: Online retailer only sent half of order

Yes, search the site for details of how to go about it.

Did you inform the seller that you intended to cancel the contract and did you do this within seven days of receipt (or non-receipt) of the goods?