Half of order out of stock (no option to cancel) ***Resolved***

[Dave421]

Is there anything under the consumer rights law about this?

 

I recently purchased 3 items off a website, a pair of flip flops and 2 t-shirts. The main thing I wanted was the flip flops. The t-shirts were added to make my order worthwhile as it was £4 postage. 

 

I received an email this afternoon telling me neither of the t-shirts were in stock which was due to a warehouse stock error. They gave me no opportunity to modify or cancel my order because of this. 

 

In fact it seemed they very quickly shipped just the flip flops around the time of sending me that email which appears to be because they knew I'd want to cancel (as it would be £4 postage just for a £6 pair of flip flops). Nobody would pay that amount in postage for such a low value item after all (t-shirts were £8 each so it made it worthwhile). 

 

They haven't been able to fulfill their part of the "contract" yet gave me no option to cancel. Now if I wanted a refund I forfeit the amount paid in delivery and have to send the flip flops back at my own expense...aka pointless. 

 

 

Edited April 27, 2020 by Dave421

[dx100uk]

when did you receive the part order?

 

dx

 

[Dave421]

It's due tomorrow.

I saw warehouse error email 10 mins after it was sent, then logged into my account to see the 1 item had been shipped on its own. 

[dx100uk]

good

under GDPR you don't need an excuse to send anything back and cancel a whole order if within 14 days of receipt when ordered online.

 

 

[Dave421]

The problem is returns postage.

They don't cover the cost so with paying to return it, I'd only receive £6 refund.

I'd have lost out on the £4 delivery fee and a few quid to send it back to them so not worth it. 

 

I wanted all 3 items to make it worthwhile paying £4 delivery.

They took money for all 3 items and delivery fee, then today said warehouse error and 2 items are out of stock (I got refunded). 

 

I don't want just 1 item, I'd have never bought that on its own as it's not worth the p and p.

They didn't give me any time to amend or cancel my order, even though it was their mistake as to why 2 of the 3 items weren't available. 

[dx100uk]

sorry I meant CRA but you got the idea..

 

or you could do a chargeback on the whole sum and stuff 'em.

they can wave their arms all they like about returning the delivered product

but i'd simply ignore them.

 

dx

 

 

 

 

[BankFodder]

6 hours ago, dx100uk said:

good

under GDPR you don't need an excuse to send anything back and cancel a whole order if within 14 days of receipt when ordered online.

 

 

 

5 hours ago, dx100uk said:

sorry I meant CRA but you got the idea..

 

 

 

Consumer Contracts Regulations

[BankFodder]

If you get an opportunity – refuse to accept the items. Then as my site team colleague said, begin a chargeback process. Send the supplier a letter telling them that you are rejecting the goods out of hand on the basis of your rights under the Consumer Contracts Regulations.  You are applying your rights in relation to distance selling

In fact under those regulations you would be entitled to recover your postage costs as well – but the easiest thing to do with such a small sum is to begin a chargeback process.

[Dave421]

Perfect, thanks. 

 

I've got a feeling it might be hard to reject them due to the coronavirus as it will likely just be left outside but will try that. 

 

Is there an exact thing in the CRA I can quote at then regarding not giving me any option to amend or cancel my order after they changed the contract? 

 

I will try and refuse it today, otherwise I will get that letter sent to them and start a chargeback. Would I say that if they want the goods back, they pay for postage?

[Dave421]

All sorted (posting how it went for others in future)

 

Yesterday after the notification of warehouse error, I sent an email saying about being unhappy about this 1 item being sent on its own without being presented with any option because of their mistake and having to pay full postage. 

 

No positive outcome was expected. 

 

Today to my surprise they've refunded the postage costs (this should have been done right away thus I expected a battle). 

 

Thanks again all. 

 

 

[honeybee13]

Well done - that was quick. Thank you for letting us know, I'm sure it will help future caggers.

 

HB