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Another misprice question

MrRobin Avatar
5y, 10m agoPosted 5 years, 10 months ago
I thought I was pretty clued up around misprices etc (no contract entered into until payment has been taken etc etc) but this one is a bit different so I'm not entirely sure...

I purchased 4 cases of wine from an online store. Eash case was advertised as having 12 bottles in each. What I received was 4 cases with 6 bottles each. I.e. I ordered 48 bottles, I received 24. My card has been charged the full amount.

When I queried this with the retailer, I was told that there was an error on the website and it was only meant to be 6 bottles in each case. I have been offered a refund of 50% of the total but I said I wanted my other 24 bottles. The problem is that that particular line is now out of stock and they won't be getting any more.

So where do I stand when the retailer can't fulfil the order, but has already charged for it? I think they should source something similar and send that instead but I don't know how I stand legally.

Can anyone advise?
MrRobin Avatar
5y, 10m agoPosted 5 years, 10 months ago
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Comments/page:
#1
just take the 50%

less hassle
#2
no contract exists until they take payment AND despatch,so it depends what the despatch email says-6 bottles or 12?

they have offered you a 50 percent refund which is equivalent to your loss of bargain so thats it-perfectly fair,if they no longer have a product they cant supply it.
#3
Can you find anything the same elsewhere?
banned#4
Such a small amount of money, it'll take longer to sort out and to be honest, the outcome won't be worth it.

Decide what you're happy with and stick to it as the retailer is clearly in the wrong.

HOWEVER, I would strongly advise not going down the road of asking the retailer to source something similar. This is then their decision and you might get a load of cheap wine by return.

I'd accept the 50% refund.

Edited By: JonnyTwoToes on Jan 15, 2011 16:10
#5
Take the refund.
#6
Yes the dispatch note said 48. I have received half so contract def entered into.

It's not a small amount of money. Wine is retailer's own brand so not available anywhere else.

My loss of bargain is 24 bottles. Any substitute would have to be agreed with me in advance. The retailer has other similar products on their website so I will ask about those instead.
banned#7
MrRobin
Yes the dispatch note said 48. I have received half so contract def entered into.

It's not a small amount of money. Wine is retailer's own brand so not available anywhere else.

My loss of bargain is 24 bottles. Any substitute would have to be agreed with me in advance. The retailer has other similar products on their website so I will ask about those instead.


A case (12 bottles) should be around £100 on average for a semi-decent selection.
Therefore he's offered you £200 back. Take it and enjoy the wine you have.
#8
why ask us then if you know what your going to do???
#9
what do you think they should do if they can not get you anymore wine and you can only get it from them? they have offered a refund but surely if they dont have any more they cant magic it from nowhere
banned 1 Like #10
I love double negatives.
#11
Since they took payment, they are obliged to give you what you paid for, within a reasonable time frame, since they have no more left and are offering you your money back, you could tell them you're willing to wait for more stock to come in and they'd have to give it to you, or you can take the 50% refund back, or you could tell them to collect the wine from your house (at their expense) and refund all your money. If it was a really good deal then tell them you'll wait untill they can source stock.
[mod]#12
barky
no contract exists until they take payment AND despatch,so it depends what the despatch email says-6 bottles or 12?

they have offered you a 50 percent refund which is equivalent to your loss of bargain so thats it-perfectly fair,if they no longer have a product they cant supply it.


It wouldn't be the despatch email, it would be what was advertised and then what was accepted. An email confirmation (of transaction and despatch) could differ from what was actually on offer and what the parties agreed.
#13
Take the refund.
#14
good one,
i do know they are liable to fulfil the contract and if they refuse you can fulfil it your self and successfully sue them for the cost.
unf in your case this is not possible and you may have a hard time convincing a court your purchase bottles really equate to the same value as the own brand stuff..
perhaps get them to offer an alternative? they may be generous given wine markups can be quite high and it would generate goodwill possibly equating to future orders
1 Like #15
well, I'm happy to report that after a couple of heated discussions with the retailer, a strongly penned letter, and another heated discussion, I am getting a delivery for the remaining bottles wine (an alternative, selected by me) at no extra cost.

Moral of the story: know your rights and stick to your guns.
#16
MrRobin
...a strongly penned letter...

Did you use a Titanium Space Pen?


Well done with the retailer. If I had seen your thread earlier I would have asked if you paid by credit card. If that was the case, then I would have w[h]ined to them to resolve the issue.

BFN,

fp.

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