I ordered "DDR4 3200MHz 32GB Vengeance Black - Red LED".

When I received my delivery it was for "DDR4 3200MHz 16GB Vengeance Black - Red LED" which is half the memory size of what was advertised and actually purchased 16GB (Delivered) instead of 32GB (Ordered).

I have saved a snapshot of this product listed on saverstore website listed as 32GB RAM and copy of email confirmation to prove the actual RAM was listed as 32GB not 16GB.

When I contacted Saverstore by phone they said it was a genuine mistake and If I Google manufacturers part number it would show me (8GB x 2 = 16GB) RAM.

I told them my understanding was Saverstore would deliver me 2 x Manufacturers item number to make it 32GB which was listed But they said they wouldn't honour my order and Refund me my money and get item collected instead.

My Biggest problem is this RAM was required for a project requiring URGENT completion and even if I take Saverstore's words I have genuinely missed out on similar 32GB RAM which was on offer and which I could've bought for roughly same price.

Where do I stand now?

Shouldn't the seller deliver me the actual advertised item?

Please advise

Interesting one.

They have corrected the listing for that product number now.

http://www.saverstore.com/product/20926070/Corsair-Vengeance-Red-LED-16GB-DDR4-3200-Memory-Kit-2x-8GB

To answer your question :

a) what does their Terms and Conditions say regarding website errors, and consequential losses?.

b) Your position is that this is a "sale by description", and your contract is for the described 32GB of RAM.

Their position no doubt will be that the contract is for sale of item 20926070, which is what you have received ...

. and that due to the error on their website, they are happy to void the contract, refunding you your money in return for the return of the memory.

It will no doubt come down to what their T's and C's say (provided they don't breach statute law).

Can you prove that the 32Gb was available for a similar price elsewhere (and that those sites weren't making the same error!).

Take screenshots of the relevant pages

(or use a 'wayback' machine if the offer has now gone),

but be prepared for them to state

"at that price, they probably amde the same error, and the 32Gb was enever actually available for that price, only 16Gb"

Hi

It doesn't matter to them that you urgently needed to get the memory. What they are offering is what other seller would. Placing you back into the same position had you not purchased the goods in the first place. A full refund and collection of the wrong items is the best you could hope for (in my opinion)

While you could see this as a breach of contract, the remedy has been offered and I don't see any other recourse.

They have just changed the description of item 20926070 after my phone call.

You can see previous attachments which is snapshot of their own website this morning.

Problem is I missed out on Black Friday offers where I could've bagged them DDR4 for similar price and its very hard to find exactly same item for same price at one given time as prices do fluctuate.

I have however found similar items for roughly same prices

Similar items for similar prices

Similar items for similar prices

Those are "similar" rather than "the same", so that isn't very persuasive.

They'll say : "OK, buy those and pay for urgent delivery, then."

Just sticking my ear on this one and will welcome any rebuttal

In my opinion the retailer will have to honour what was originaly advertised. An offer to treat was made which was accepted. Consideration was made by exchange of money so intention to form legal agreemanebts was satisfied.

The price difference mistake was only noticed after legal contract had been fulfilled.

But this will be more trouble than it is worth to take on in my opinion as proportional redress has been offered

I am entitled to Refund within 14 Days under distance buying rules.

What they are saying is we advertised certain thing for certain price.

I bought it and they delivered it

now they've realised either they priced it wrong

or its not feasible for them to sell at the price contract was formed.

So how's offering Refund a proportional redress because this would mean a WIN-WIN for the seller

Those are "similar" rather than "the same", so that isn't very persuasive.

 

They'll say : "OK, buy those and pay for urgent delivery, then."

The one on Amazon is Free Next Day Delivery and saverstore themselves delivered on 27th Nov while order was placed on the 21st November.

Just sticking my ear on this one and will welcome any rebuttal

 

In my opinion the retailer will have to honour what was originaly advertised. An offer to treat was made which was accepted. Consideration was made by exchange of money so intention to form legal agreemanebts was satisfied.

 

The price difference mistake was only noticed after legal contract had been fulfilled.

 

But this will be more trouble than it is worth to take on in my opinion as proportional redress has been offered

Was there a price difference mistake (32Gb for 16Gb price), or was item 20926070 sold for its correct price, with an error in its description?

Was the contract for item 29926070 or for 32Gb RAM?

Was there a price difference mistake (32Gb for 16Gb price), or was item 20926070 sold for its correct price, with an error in its description?

 

Was the contract for item 29926070 or for 32Gb RAM?

According to saverstore there was an error in description. When Item (20926070) was purchased it was listed as 32GB RAM but after delivery took place I noticed it to be 16GB and called the seller who since have called it a description Error and updated the details on their website too.

I took a picture of their website with item 20926070 listed as 32GB this morning which is enclosed for you to see

AN UPDATE:

I have now spoken to CAB Consumer Helpline and they have confirmed that there definitely has been a breach of contract from saverstore.com as well as there's an element of false advertisement.

First step is for me to write to them (recorded delivery) and try to negotiate if they could fulfil their obligations under the terms of the contract if that fails I need to call Citizen Advice Bureau Consumer Helpline again and then they will advice me further.

IF anyone has any thoughts please help me out.

Thanks

According to saverstore there was an error in description. When Item (20926070) was purchased it was listed as 32GB RAM but after delivery took place I noticed it to be 16GB and called the seller who since have called it a description Error and updated the details on their website too.

I took a picture of their website with item 20926070 listed as 32GB this morning which is enclosed for you to see

Yes, I got that (from your previous postings).

My reply was to 'obiter dictum' (& I quoted them), as they were looking at the contract law aspect, and when deciding "was the contract broken" one has to consider exactly what the contract was for.

Yes, I got that (from your previous postings).

 

My reply was to 'obiter dictum' (& I quoted them), as they were looking at the contract law aspect, and when deciding "was the contract broken" one has to consider exactly what the contract was for.

Sorry I am not very good with law but from my description do you believe if the contract was broken?

Sorry I am not very good with law but from my description do you believe if the contract was broken?

There was a misrepresentation and you are entitled to return the goods and get a refund.

As for anything beyond that : I refer you to my previous answer

 

a) what does their Terms and Conditions say regarding website errors, and consequential losses?.

 

...............

 

It will no doubt come down to what their T's and C's say (provided they don't breach statute law).

 

You haven't told us what their T's & C's say, and did you disagree with that answer?

Looking at this again i must agree with BazzaS until anything to the contrary is given in the T&C as he has thrown in a curve ball.

The contract was specific in my opinion with the memory that was for sale with the advertised manufacturer model number. The 32 meg that was advertised instead of the correct 16 meg can be seen as an honest mistake. At the end of the day you did received the correct model number that you paid for.

Though i feel that will be up to a judge to decide as technically the contract was formed when payment was exchanged and comes under goods not as described..

If this was me I would accept the redress offered so you have suffered no quantifiable loss as i feel this is far from conclusive you will be successful.

But this is nothing more than my own opinion and you alone will have to decide how to procede.

These are relevant bits from saverstore.com T&Cs:

6 Damaged, Shortages and Non Deliveries

6.1Once your order has been despatched by the supplier, a shipment notification email will be sent to you detailing:

a. the delivery agent, b. the approximate time when delivery will take place, c. the delivery agent’s tracking number, d. the delivery service used, e. The number of parcels being sent to you

6.2Upon receipt of your order the delivery agent shall ask you to sign for the goods received in good condition. Please carefully examine the packaging and note down any damages on the delivery agent’s documentation. It is your responsibility to sign for the correct number of parcels the delivery agent is delivering to you or getting you to sign for. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any claims that you make thereafter.

6.3Damaged in Transit – Should any damage be identified upon opening the parcel(s) you should notify the supplier within 24 hours of delivery and advise the exact damage. Under these circumstances the goods should be put back into the original packaging you received them in and made ready for collection by the supplier. Failure to notify in the given time could affect the claim being made by you. It is imperative that you do not dispose of any of the packaging, as this will be required to affect a claim against the delivering agent.

6.4Shortage or Incorrect Delivery – Should any delivery be short or incorrect you should notify the supplier within 24 hours of delivery and advise the exact inconsistencies. Failure to notify in the given time could affect the claim being made by you. It is imperative that you do not dispose of any of the packaging, as this will be required to affect a claim against the delivering agent. Should you be missing an item but signed for the correct number of parcels, you must notify us as soon as possible. You will be requested to provide us with a copy of the shipment notification included in your delivery.

6.5Failed Delivery – Should your order not reach you within 72 hours of receiving the shipment advice email being sent to you, you should notify the supplier immediately of non delivery of your order.

6.6Upon receiving notification from you regarding a delivery discrepancy the supplier will initiate an investigation on your behalf and endeavour to have a replacement in progress within 4 working days of receiving your claim. The claim will be handled by the supplier, and an arrangement will be made to collect the damaged goods and replacements will be sent.

6.7We will not accept liability for goods lost in transit unless we are notified within a reasonable period and request that we are notified as soon as possible and the most within 5 days from the shipment date. The shipment date will be advised via the shipment notification email which will be emailed to you when your order is despatched.

6.8We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery if you do not report this to us within a reasonable time period. Except when extenuating circumstances have prevented notification within the reported timescale. The extenuating circumstances must be by mutual agreement.

3 Contract

3.1A contract is only legally binding between you and the Supplier for the sale of any goods when the Supplier has received and accepted your order, and the Supplier has received payment for the full amount in cleared funds and the goods have been shipped. Until such point no legally binding contracts exists between you and the supplier.

3.2When placing your order you will receive an acknowledgement for your order usually via e-mail to confirm that we have received your offer to purchase the goods in question. Payment for the order will then be taken. The acknowledgement does not constitute acceptance of the order. Your order will deemed to have been accepted when we despatch the goods which form the subject matter of your order. At this point a legally binding contract is formed and would be subject to these Terms and Conditions. The contract is subject to your right of cancellation, please Section 7.

3.3We may change these Terms and Conditions of Sale without any warning or notice. These terms & conditions would be binding to any future purchases made by you.

3.4We have the right to refuse at our discretion to supply any offer to purchase made by you.

3.5These Terms & Conditions of Sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from a contract.

9 Return of Orders

9.1General 9.1.1It is your responsibility to make sure the any products returned are adequately packaged and received by the Supplier in reasonable condition. You shall be responsible for any loss or damage caused to return Goods where such damage has been caused by your negligent or faulty packing.

9.1.2Proof of delivery should be retained and made available by you for any such returns made by you should the supplier request it.

9.1.3The Customer should obtain a Returns Authorisation number (RA Number) in order to return goods. The RA request must be completed online at http://www.saverstore.com. Only once the RA has been authorised, do we advise you to return goods. The RA number must be clearly marked on the outer packaging only and not on the manufacturer packaging. We do not refund for the cost of returning the items to us. If you are unable to obtain a returns reference number you should fill out a RA form from the customer account section, complete it fully and enclose it with your returned parcel.

9.1.4You should return your product complete. Therefore ensure that all additional enclosures, such as manuals, free software, cables etc are all returned. Adequate packaging must be used to return the goods. Charges may apply to returned goods that do not meet the above criteria.

9.1.5Adequate packaging constitutes that the item is wrapped securely and then placed inside a box in order for the item to return to us with no internal or external damage. Items that are not securely wrapped and received damaged will be securely repacked and returned back to you, so that you may attempt to claim from your courier.

9.1.6We reserve the right to reject any item(s) that do not meet the criteria laid-out above.

9.1.7A restocking fee sufficient to cover our reasonable costs may be levied on item(s) cancelled after the cancellation period.

9.2Incorrect goods

9.2.1It is your responsibility to notify us of any incorrect goods supplied to you within a reasonable time from the date of shipment.

9.2.2If the items are not as ordered, you must not open the manufacturers packaging or use the item.

9.2.3You will be required to provide further information on what was received i.e. we may require the manufactures part codes and a full description of what has been received.

9.2.4Should there be any extenuating circumstances that have prohibited you from notifying us within a reasonable time frame, resolution will be by mutual decision.

12 Description of goods & Typographical Errors

12.1The description and price of the goods is available to you on the Supplier’s website when ordering.

12.2Every effort is made to ensure that product description and price shown on the Supplier’s website is accurate at the time you place an order, if errors are found then the supplier will inform you as soon as possible. The supplier will give you the option to cancel your order or rebook it under the new terms and price. If the supplier after informing you and offering you the option does not get a response from you, then the supplier will reserve the right to cancel the order automatically within 7 days of you being informed.

12.3In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to decline or cancel any orders based on the incorrect price whether or not the order has been confirmed.

12.4Although we warrant that the goods will, at the time of delivery, correspond to the description given by us all products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products.

12.5All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods as manufacturers may change the look or performance of products from time to time, products may also be superseded by a new model.

12.6Full details are available from the original manufacturer’s brochures & websites.

12.7If you buy goods which have no published technical specifications, you should establish the suitability of the goods for your intended purpose.

12.8All goods have an item description and a manufacturer’s part code, information can be found by emailing us or via the manufacturer’s web site. This does not affect your right to cancel.

12.9Should you receive goods that do not match our advertised specifications we will offer a full refund.

12.10Whilst we endeavour to ensure all images and specifications are correct at the time of publication, they do vary. If you spot a mistake with an image or with a products specification please let us know.

13 Limitation of Liability

13.1The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.

13.2If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

13.3The Supplier will not be under any liability whatsoever in the event that it is prevented or delayed from supplying or making delivery of any order placed by you by any reason or cause beyond their control. The supplier will keep you notified of any changes to the expected delivery via email and/or via order tracking.

13.4Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.

13.5Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.

Unless you can show that clause 13.1 is an unfair contract term (or that the term was not available to you when deciding to enter into the contract), then, it will apply, and limit their liability.

Since last time following progress has been made:

I contacted Citizen Advice Bureau Consumer Line and they confirmed Saverstore is in breach of their contractual duties and gave me 2 ways of proceeding.

(a) As first step ask saverstore.com for ADR membership details so the matter can be resolved through ADR scheme as courts would usually expect you to utilize this option.

(b) If this matter is not resolved then call up Citizen Advice Consumer line again and they will guide me how to lodge this matter in the court.

Following Advice I contacted saverstore.com asking them about ADR membership scheme details however they are not members of ADR scheme. The only thing saverstore.com has so far offered me is me collecting the incorrect DDR4 RAMS and issuing me refund for my Order including delivery.

Considering this PC had to be done as a part of project, and failing to do so has now forced me to use Amazon AWS services which cost me money by the hour, not to mention the interest I have been accumulating on my card due to delay, the cost of similar alternate product rising and most importantly me wasting all valuable time I strongly believe just returning item at their cost receiving money back is not the solution to this problem.

Your advice is highly appreciated

Did you tell Citizens Advice about terms covered under section 13 and liablility in the T&C of contract??

If not what you are stating will be irrelevant as you agreed to those contractual terms when placing the original order

"Considering this PC had to be done as a part of project, and failing to do so has now forced me to use Amazon AWS services which cost me money by the hour, not to mention the interest I have been accumulating on my card due to delay, the cost of similar alternate product rising and most importantly me wasting all valuable time I strongly believe just returning item at their cost receiving money back is not the solution to this problem."

What have you done to mitigate your loss?

(Like sourcing the correct RAM elsewhere to complete the project on time)?

You are required to "mitigate your loss".

If paying Amazon AWS is more costly than buying the memory elsewhere and completing the project, you can't claim for the extra (assuming you have a claim : see previous)

I must agree with Bazza

Unless you have limited any alleged loss, failiure to source alternatives will be contributory negligence on your part in failure to break the cause of causation in limiting any forseeable loss

Sayers v. Harlow UDC (1958)

"Considering this PC had to be done as a part of project, and failing to do so has now forced me to use Amazon AWS services which cost me money by the hour, not to mention the interest I have been accumulating on my card due to delay, the cost of similar alternate product rising and most importantly me wasting all valuable time I strongly believe just returning item at their cost receiving money back is not the solution to this problem."

 

What have you done to mitigate your loss?

(Like sourcing the correct RAM elsewhere to complete the project on time)?

 

You are required to "mitigate your loss".

If paying Amazon AWS is more costly than buying the memory elsewhere and completing the project, you can't claim for the extra (assuming you have a claim : see previous)

Yes since then I have gone and purchased more of generic alternate instead to avoid the cost by the hour plus subscription I was paying on Amazon AWS to limit foreseeable loss

To Customer Services

Saverstore.com

Respected Sir/Madam,

Thanks for informing me that you are not a member of ADR scheme. Your emails leads me to believe you might not be fully aware of the actual issue and the cause I am fight for. I would therefore take another opportunity to try explain the dispute and summarise it for your ease.

Saverstore ADVERTISED RAM particulars of which were a "DDR4 3200MHz 32GB Vengeance Black - Red LED" on saverstore.com website for certain price (Offer). I purchased (Offer was accepted) "DDR4 3200MHz 32GB Vengeance Black - Red LED" and subsequently a payment was made for the priceSaverstore.com ADVERTISED therefore at this stage a contract was formed between saverstore.comand myself (xxxx) for delivery of "DDR4 3200MHz 32GB Vengeance Black - Red LED" at listed price (Offer Price). When Savestore.com delivered the item it was noticed that product delivered was significantly different to which the contract was formed for i.e (16GB instead of 32GB). Saverstore.commentioned Advertising being a mistake but it does not take away the fact that this was not realised at the stage of advertising the RAM, not at stage of me purchasing the RAM, not at the stage of saverstore.cominvoicing me (including both purchase confirmation and VAT invoice) and not even at the stage ofSaverstore.com dispatching the item. This as saverstore.com called mistake was only realised after me making a formal complaint of receiving half the capacity of ordered RAM (16GB instead of 32GB) which is very different to actual item ordered.

Since then the only solution Saverstore.com has proposed is to offer a collection of incorrect item and issue me a refund. I would like to point to you the conversation that took place between myself andsaverstore.com in the past in which I had mention you the Urgent need for the RAM.

As a result of me not receiving the correct RAM in time I have suffered significant consequential losses and therefore I do not accept your offer to settle Saverstore.com not fulfilling their part of contract by simply refunding me my Original price paid and therefore I do not accept this as a solution and therefore have no option but to reject your offer as I believe your offer is not a proportional redress (It doesn’t compensate me for various factors).

I hope this clarifies not only the actual dispute (Saverstore.com being in breach of contract formed between saverstore.com and me) but also the current stage of deadlock we are now approaching. Therefore as I mentioned in my previous communication I would now seek further legal advice regarding how to proceed to course of action as you are not a member of ADR scheme forward and would update you in due course.

Thanksfully

xxxx

What i am trying to say in my opinion is that you have no cause of action.

Section 13 with the terms and conditions covers the retailer. That cannot be an unenforceable contractual term as it does not limit your statutory rights. It places you back into exactly the same position as before any alleged breach had taken place with that contract.

This is my last reply to saverstore.com summarizing the whole issue. Saverstore.com haven't replied since Please let me know your thoughts on this?

What i am trying to say in my opinion is that you have no cause of action.

 

Section 13 with the terms and conditions covers the retailer. That cannot be an unenforceable contractual term as it does not limit your statutory rights. It places you back into exactly the same position as before any alleged breach had taken place with that contract.

Since day 1 I am only asking them to deliver me the ordered item which was: "DDR4 3200MHz 32GB Vengeance Black - Red LED". The contract was formed between me and saverstore.com and the actual price paid under section 13.1 was for "DDR4 3200MHz 32GB Vengeance Black - Red LED". Therefore considering I am seeking delivery of actual ordered item as a solution to this whole mess and I am willing to ignore (until certain stage) consequential losses I don't think section 13.1 will stand between me and the seller?

Last comment from me

Any Liquidated damages are covered under section 13 of the contract as an express contractual term for failure of the retailer in carrying out that contract.

In my opinion you are flogging a dead horse with this and need to move on, If you are going to contact the CAB with your complaint you need to give them the full picture, as in liability contained within that contract expressly stated. That being section 13

Thanks for the debate