Online retailer only sent half my 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 no 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.

 

 

Thanks in advance

Matt

[mpg]

Had an email from them now saying that the 2nd tap wasn't on the original order. I have forwarded to them the 3 emails that show both items on the order.

[callumsgran]

If you have proof of the order then i'm sure they have to fulfil it!

Have they cashed the payment?

[Crapstone]

If it's a genuine mistake they can refuse to supply at the price given. You could go further into it but I'd suggest you email them or write to them that you intend to return the goods they have already supplied, as they can't fulfill the contract for the price they had stated for the 'set'. The return will be at their cost, and you require a full refund, including any delivery charges, plus your reasonable expenses for calls etc. If a companies attitude isn't good from the outset then walk away while you can and find somewhere that will give you the service and you'd gladly pay that little bit extra to get it.

[mpg]

If you have proof of the order then i'm sure they have to fulfil it!

Have they cashed the payment?

 

 

Thanks

 

yes they have taken payment. I have 2 sets of confirmation emails 1 from sagepay that lists the items and one from them that lists the items. I think they are trying to get out of supplying the second set for the lower price

[Crapstone]

So now it's more clear that they have indeed taken payment and have fully confirmed it, my fault for playing on the side of caution. If they don't supply the goods at the price they advertised, and HAVE taken money for in full or a deposit , they are now in breach of contract by asking for more money. You can ask them to rectify that by honouring the contract or giving you a refund. If they refund then you can claim the difference from them if you have to pay a higher price for the same product elsewhere. Write to them and give them 7 days notice that they are in breach of contract. Might also be worth calling your local Trading Standards to make a note, if nothing else, of what the retailer has told you.

[mpg]

Thanks. I sent an email last night with proof of order. I'll see what comes back today

 

 

Thanks again

[callumsgran]

That's as i thought, if payment has been accepted then the transaction is legally binding.

Thanks for clearing that up Crapstone

[mpg]

Well they have ignored 3 emails from me so far. The last one sent was to cancel under the DSR. I gave them 30 days to refund and 14 days to contact me regarding collection.

 

I paid with my credit card. What would be my next course of action.

 

 

Thanks

[callumsgran]

You could contact your bank and request a 'chargeback' on the card

I've no experience of this (except it was done against me on ebay) so i would have a look around the site for more info on it

[Crapstone]

Did you send the cancellation within 7 days under the DSR? Can you be more specific and say what payment they took and what the total was for? Was it all under one order? If the order came to above £100 and you used your credit card then the credit provider may be equally responsible. Did the company provide your rights for cancellation?

[perplexity]

Did you send the cancellation within 7 days under the DSR?

 

The cancellation expiry period of seven working days begins on the day after the day on which the consumer receives the goods, so if the consumer did not yet receive the goods (as would appear to be the case) we have yet to get as far as that.

 

8-)

[Crapstone]

The cancellation expiry period of seven working days begins on the day after the day on which the consumer receives the goods, so if the consumer did not yet receive the goods (as would appear to be the case) we have yet to get as far as that.

 

8-)

 

Which is what I have sought to find out as they have received part of the order. You answer the question then. Go on get on with it!

Edited January 31, 2011 by Crapstone

[tommy.king]

Hi, I believe you can get a full refund if you send the items back. What you need to do is contact the third party and inform them of the following

 

You ordered some items from them, this was a contract between you and them.

You understand that there was a listing error in the price and that the contract was not complete as you did not receive all the items.

You therefore want to send the items back for a full refund plus the postage for your to return them.

If you donot recieve a reply you will issue a claim in the small claims court which will incure furthur costs for them.

 

Try phoning them first and explaining the above, and then say you want a aknowledgement via email if they agree, if they cant then tell them to tell a manager or request to speak to a manager, and be nice and have a smile, nobody likes the angry person.

 

as the order has not been fully sent to you then you are within your right to send it back for a refund (do not send it back unless they accept to have it back), doesnt matter how much time has expired.

 

The reason why a chargeback shouldnt be used is because you can be arrested for fraud. It is possible the seller tells the Police and say you paid and have the items. unless you have proof you sent it back.

 

Have you paid by visa? they do charge back

have you paid by a credit card? you will have legal expense insurance to fight the tap company and make them say sorry.

 

Ohh BTW they dont have to send you the item as comet sold tv's for 1p then later realised their mistake and said it was a error.

 

Regards T.K

 

 

I am not legally qualified but my experience on life is passed on to you, my advice is a guide and should be checked before taking it at face value

[MARTIN3030]

QUOTE;

 

"The reason why a chargeback shouldnt be used is because you can be arrested for fraud. It is possible the seller tells the Police and say you paid and have the items".

[mpg]

Hiya Folks,

 

Ok to clear things up.

 

1: Order placed for bath taps AND sink taps.

2: Paid amount stated on Invoice/Order Confirmation. Provided by sagepay

3: Received via email order confirmation from Retailer

4: Received payment confirmation from sagepay although stated payment wouldnt be taken until order checked.

5: Payment taken

6: Goods received minus tap Bath Taps.

 

Emailed retailer stating not received full order they state that bath tap wasn't on order I then emailed them proof that bath tap was on order as shown on order confirmation AND payment confirmation.

 

Sent request to cancel under DSR 6 days after receipt of half the order.

 

I have an email from them saying that the bath taps were in my basket but were deleted before payment.

 

The seller has acknowledged that they have only sent out sink taps and not the bath taps.

 

 

So in short.

 

They have received an order for 2 taps, Bath and sink.

They have sent out the sink taps but not the taps with the pricing error.

I have an order confirmation AND a payment confirmation for the full Invoice amount.

 

They are no ignoring my emails.

 

My full order has not been received.

 

In my payment email it states

 

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 Frenix LTD (TBB) review the order and release the payment.

 

So the retailer has then reviewed my order and STILL not picked up on the error.

 

Surely at some point a contract has been formed.

 

 

 

If the retailer had found the error and contacted before taking payment saying there has been an error we cant process then fine. We'd move on.

 

But they had reviewed the order, Processed the order taken payment and despatched half of it.

 

 

 

 

Thanks

Matt

[MARTIN3030]

Very clear now.

Can you just confirm the value of the order ?

Any chance that you can name the retailer here ?

[mpg]

The order total was £290 odd.

 

I have just checked the website and the price of the other tap is STILL incorrect.

 

I dont want the site to show in google. but they sell top branded bathrooms

[Crapstone]

Save the screen if you haven't already done so.

 

Are these the T & C's?

 

Terms & Conditions

 

Please read these terms and conditions carefully before ordering any products from our online website (XXXXXXXXXXX). You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.

 

If you do not agree to these terms you may not use this site. XXXXXXXXXXXXX reserve the right at any time to modify, alter or update these terms of use and you agree to be bound by such modifications, alterations or updates on subsequent visits.

 

XXXXXXXXXXX are always looking to improve so if you have any suggestions or comments please email us using the link on the homepage. All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. All specifications given to the customer are approximate and intended as a guide only.

 

 

Making a purchase

 

Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'checkout' where you will be asked to supply us with a few details that will enable us to complete your order.

 

On completion of placing your order online, you will receive an email acknowledgement (to the email address provided when placing the order). Please note that this does not mean your order has been accepted by us. The contract between us is formed when the goods are dispatched. We (xxxxxxxxxx) reserve the right, at any time prior to acceptance, to refuse any order or any part of an order.

 

If any goods are priced in error, xxxxxxxxxxx will not be bound to honour incorrect prices.

 

 

Cancellation of orders

 

If you wish to cancel your order with us please email xxxxxxxxxxxxx, where you will receive a cancellation number and will be advised of any re-stocking fee.

 

If the order has already been dispatched from the warehouse, you will have to receive the goods as normal. In these circumstances you will have to return the goods yourself. You must include your cancellation number. If you do not include your cancellation number we will class this as an unwanted purchase and charge a 25% re-stocking. Refusal of the delivery could result in you being charged.

 

 

Shipping & handling

 

All prices on our website are inclusive of VAT unless otherwise stated.

 

As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and the goods will not be left without a signature. From the time of receipted delivery any loss or damage to the goods shall be at your own risk. Any shortages must be recorded on the consignment note at the time of delivery. If you appoint someone else to receive and sign for the goods on your behalf, you agree to advise them that the goods must be checked and you accept full responsibility for any damage or losses if they sign on your behalf.

 

If we attempt to deliver and you fail to be present, or appoint someone else to take delivery we reserve the right to charge.

 

The delivery will be made by a single driver, so please ensure at least one able bodied person is available to assist with the carrying.

 

The driver is NOT insured to take the goods inside your property, so therefore if the goods ordered are of heavy or bulky nature, it is strongly recommended that at lease two able bodied persons are available to get the goods inside the property.

 

 

Delivery

 

There is a £10 delivery charge on all orders under £200.00

 

All orders over £200 are Free delivery , we aim to delivery your goods within 7-10 working days, although most orders are delivered quicker. Please contact us for a price on non mainland deliveries. When an order is place at a weekend or on a public holiday, the order will be processed on the next working day and the delivery date will vary accordingly. We endeavor to delivery all goods on time, however delays are possible.

 

The date of delivery specified by us is an estimate only. We shall not be liable for any loss, cost, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.

 

We strongly advise you not to arrange a date for installation until you have received all your items and are happy with them. We cannot be liable for any losses caused by delayed delivery or pre-booked installers.

 

 

Back Orders

 

If your item is not in stock we will automatically put it on back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.

 

 

Returns

 

 

ALL bespoke items are non returnable (you will be notified at time of ordering)

 

You have 7 days to return unwanted items, however you will incur a 25% re-stocking charge. It is your responsibility to insure the items are returned to us and reach us in 100% resalable condition and unused. Failure to do so will result in you not receiving a credit.xxxxxxx recommend you take out carrier insurance as if the goods do not arrive in a resalable condition no refund will be made.

 

Please email us for a returns form, and then making sure goods are well packed send to

 

XXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXX

 

 

If you have cancelled your order and the item has left our depot it is your responsibility to return the item to us. Providing the goods are in 100% resalable condition and you include your cancellation number you will not be charged re-stocking.

 

Do not mark the boxes in any way; this is classed as a non resalable condition.

 

A refund will be reimbursed to you within 28 days after the cancellation date.

 

 

Damaged on delivery

 

When you receive your delivery you must check the packaging for any obvious damage. If there is some damage to the packaging you must make a note of this on the driver's documents, we will not accept responsibility for damage claims if you have not noted this at time of receipt.

 

You have 24hours from the time of delivery to check inside the box(s) and report any damages. You must email XXXXXXXXX and a replacement will be sent ASAP.

 

 

Shortages & picking errors

 

All shortages must be recorded at time of delivery.

 

You have 72 hours to check through your goods for any incorrect items and report it to XXXXXXXXXX.

 

 

Faulty after installation

 

If you believe your product is faulty you must contact us and fill out a returns form. On the form you must give a detailed description of the fault.

 

All goods supplied by XXXXXXXXXX come with a 12 month retailer's guarantee. When products are stated as having longer guarantees, these guarantees are covered by the manufacturer and not XXXXXXXXXX.

 

All returned faulty goods are tested by the manufacturer and if the item is found not to be faulty your refund will be denied. You will be given the option to have your item returned to you.

 

Tax charges

For orders made from the UK or the European Union, 20% VAT is included.

 

 

Credit Card Security

 

All credit and debt card payments are processed through Sage Pay (http://www.sagepay.com), who are one of the worlds leading online secure payment companies. All card details are processed solely by Sage Pay, and are not stored or known to XXXXXXXXX. Sage Pay achieved the highest level of compliance under the payment card industry data security standard (PCI) and adheres to the most stringent of fraud screening, ensuring that the customer's details remain secure throughout the transaction process. After you have placed your order with XXXXXXXXXX you will be redirected to Sage Pay who will take your card details over a secure connection.

 

 

Guarantee

 

XXXXXXXXXXX reserves the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdraw if any product from this website or not that has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under English law, you must:

 

Register by providing your real name, phone number, e-mail address, payment details and the other requested information.

Be over 18 years old.

Stipulate a delivery address in the United Kingdom. Please note that PO Box numbers, hotels and accommodation addresses are not accepted.

Possess a valid credit or debit card issued by a bank acceptable to us.

By making an offer to buy a product, you specifically authorize us to transmit information including any updated information) or obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authorize your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

 

Reaching Us

 

If you need to reach us, please email us or you can phone us on xxxxxxxxx

Privacy policy- XXXXXXXXXXX do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfillment. In this case, the third party will not disclose any of the details to any other third party.

 

Cookies are used on this shopping site to keep track of the contents of your shopping cart, to delivery address if the address book is used and to store your details if you select the 'remember me' option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to Tool | Internet options | Privacy and selecting block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Data collected by this site is used to:

A, take and fulfill customer orders

B, administer and enhance the site and service.

C, only disclose information to third parties for goods delivery purposes.

 

 

 

 

 

 

 

 

[mpg]

It looks similiar, But here's a link to the actual T&C's just in case

 

topbrandbathrooms.com/terms-amp-conditions/i3

 

Your gonna have to do the url. bit as I cant post Links yet

 

Thanks

[Vicky30]

If they have made a mistake with the price it is their fault and they are legally bound by the law to provide the goods at the price advertised.

You could threaten them with trading standards see if that works?

[Crapstone]

They have taken the money so they have breached the contract by not sending the goods. As above you have the right to cancel if they have asked for more and can seek to claim back the difference. What they disclaim can be ignored as it has nothing to do with your rights that you can still enforce.

http://www.topbrandbathrooms.com/terms-amp-conditions/i3

 

Put your complaint in writing to the H/O , get a name and establish a contact. I'm not familiar with Sage Pay but have a look to see if they have a dispute resolution service. They really shouldn't need telling or advising that they are in the wrong and have made a mistake in this case. You still have your rights under your credit card for equal/several liability if they fail to refund as the sum total was over £100 regardless of how much you paid on the card.

[mpg]

Thanks folks,

 

I'll be back with an update......When there is one

 

 

 

Thanks again