Consumer law / rights question

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Afternoon all
I purchased something online and the description said pack of 20. One item arrived.
Can I expect the vendor to send the remaining 19 or can they simply refund and avoid sending the mixing items?
What does the law say on this subject?
 
Think it would depend on the full wording of the add.
 
Rapscallion said:
Afternoon all
I purchased something online and the description said pack of 20. One item arrived.
Can I expect the vendor to send the remaining 19 or can they simply refund and avoid sending the mixing items?
What does the law say on this subject?
Click to expand...

If the advert clearly stated what you were buying but only a single item of 20 arrived..............did the paperwork that came with the 1 item state the contents of the parcel and as such perhaps 1 of 20......and ..........19 on back order (or similar wording)

At this stage it is nothing to do with law, unless you have written evidence to suggest that 'they' have done something underhand.

Did the parcel look bug enough for 20 off items and was there any "witness marks" to suggest it was tampered with in transit.

As in all things the devil is in the details and you have asked a question without adding the details ;)

PS once you have reconciled the:-
Website information...with... the order confirmation (number of items ordered and price)....and....delivery note/invoice with the parcel, then found the discrepancy. That is the time to contact the supplier and ask for an explanation, if you are not satisfied with the explanation that is the time to explore other (legal?) avenues for recompense!
 
Rapscallion said:
Afternoon all
I purchased something online and the description said pack of 20. One item arrived.
Can I expect the vendor to send the remaining 19 or can they simply refund and avoid sending the mixing items?
What does the law say on this subject?
Click to expand...

I assume you think the 20 was an error On their part, or you would not be asking the question? Ultimately if they have made a mistake they will probably simply refund you, law or not, mistakes happen.
 
Are you sure it said pack of 20 and not stock of 20?
 
Box Brownie said:
If the advert clearly stated what you were buying but only a single item of 20 arrived..............did the paperwork that came with the 1 item state the contents of the parcel and as such perhaps 1 of 20......and ..........19 on back order (or similar wording)

At this stage it is nothing to do with law, unless you have written evidence to suggest that 'they' have done something underhand.

Did the parcel look bug enough for 20 off items and was there any "witness marks" to suggest it was tampered with in transit.

As in all things the devil is in the details and you have asked a question without adding the details ;)

PS once you have reconciled the:-
Website information...with... the order confirmation (number of items ordered and price)....and....delivery note/invoice with the parcel, then found the discrepancy. That is the time to contact the supplier and ask for an explanation, if you are not satisfied with the explanation that is the time to explore other (legal?) avenues for recompense!
Click to expand...
No sign of tampering and the packaging would not have room for 20 and no sign of a delivery note. I have a very strong suspicion the seller is pulling a fast one and I wanted to know if I am within my rights to request the missing items rather than a partial refund or having to return the item.
 
Rapscallion said:
The item stated "pack of 20" and I received one.
Click to expand...


Maybe the website advert said "pack of 20" but did your order/invoice confirmation say that?

IMO if your order says "pack of 20" then email them to ask about the mismatch and see what they say!

Was this bought on something like Amazon or the supplier own website.

Is this in the UK/Europe? Where may come into play should you need to take some level of action!

Did you pay by credit card, if so and subject to how much you paid, look up Section75 claims?

Edit
https://www.which.co.uk/consumer-ri...er Section 75 of the,you've bought your goods.

Min £100 max. £3000 is the cost aspect.
 
Last edited:
Box Brownie said:
Maybe the website advert said "pack of 20" but did your order/invoice confirmation say that?

IMO if your order says "pack of 20" then email them to ask about the mismatch and see what they say!

Was this bought on something like Amazon or the supplier own website.

Is this in the UK/Europe? Where may come into play should you need to take some level of action!

Did you pay by credit card, if so and subject to how much you paid, look up Section75 claims?

Edit
https://www.which.co.uk/consumer-rights/advice/can-i-claim-on-my-credit-card-when-something-goes-wrong#:~:text=Under Section 75 of the,you've bought your goods.

Min £100 max. £3000 is the cost aspect.
Click to expand...

I am reasonably confident i could get a refund. But i would much rather get what was advertised and paid for!
Before contacting the seller i was hoping i could better understand my position. Was a 'contract' put in place when i paid for the items or can the seller negate that contract by saying they have made a mistake?
PS, i dont think they have made a mistake and are knowingly mislabelling (imho!)
Anyway, just curious on the technicalities of the matter.
 
Rapscallion said:
I am reasonably confident i could get a refund. But i would much rather get what was advertised and paid for!
Before contacting the seller i was hoping i could better understand my position. Was a 'contract' put in place when i paid for the items or can the seller negate that contract by saying they have made a mistake?
PS, i dont think they have made a mistake and are knowingly mislabelling (imho!)
Anyway, just curious on the technicalities of the matter.
Click to expand...

FWIW and purely my understanding:-
Goods for sale in a physical shop with a price displayed are "an invitation to treat" i.e. they are on offer and the price in effect can be negotiated if both parties are willing.

Having said that I doubt the same applies to online advertised prices/offers

Were i in your shoes I would check all any/all the sales terms on the website for what it says? NB I have seen but frankly never bothered to read them, terms as a footer of receipts/invoices.

Plus take a screengrab of the page in question.

If the supplier seems to be playing fast & loose with you, I can only surmise you are not the first....................perhaps a search to see if there are any articles about 'sharp practice'. But come what may until you ask 'him' the question any feedback is pure speculation!
 
Rapscallion said:
Afternoon all
I purchased something online and the description said pack of 20. One item arrived.
Can I expect the vendor to send the remaining 19 or can they simply refund and avoid sending the mixing items?
What does the law say on this subject?
Click to expand...

Consumer Rights Act 2015 section 23.3

The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—

(a)is impossible, or

(b)is disproportionate compared to the other of those remedies.
Click to expand...

So you may be able to insist on a replacement (under section 19) but 23.3 says the vendor can say "nah - I ain't got none" and apply another remedy such as a refund. For example, if I am selling off a pallet load of stuff really cheap, you buy the last one and it arrives damaged, then the law recognises that it's ridiculous to force me to source another one at any cost just so I can replace it. I'd just refund you to put you back into the same situation you were before the incident.

You probably also want to read section 25 which is all about what happens when the vendor supplies the wrong quantity of goods. In true linkbait style, section 25.3 will blow your mind.

http://www.legislation.gov.uk/ukpga/2015/15/section/25/enacted
 
j crossley said:
If you believe that the seller is knowingly "ripping you off" then you didn't buy from a reputable UK retailer did you, which suggests that you bought the goods from Ebay.
But irrespective of where the goods were purchased, the first thing you have to do is contact the seller to give them the opportunity to rectify any mistakes.
Click to expand...
Perhaps I was a bit grumpy when I wrote that they are intentionally mislabeling. It may be closer too the truth that they are being very slow in updating their listing after being told it is incorrect.

Either way, what is the contractual position? Am I able to insist on the order being fulfilled, or is the seller able to refund (either partially or fully) and not complete the order?
I will be connecting the seller and asking them to rectify. The items ordered were of low cost and of little real consequences to me, financial or otherwise and there will be little point in pursuing legal recourse and would seem rather silly given the low costs involved. However, I am would like to know the technicalities of a situation like this as much from a curiosity perspective as anything else.
 
JonathanRyan said:
Consumer Rights Act 2015 section 23.3



So you may be able to insist on a replacement (under section 19) but 23.3 says the vendor can say "nah - I ain't got none" and apply another remedy such as a refund. For example, if I am selling off a pallet load of stuff really cheap, you buy the last one and it arrives damaged, then the law recognises that it's ridiculous to force me to source another one at any cost just so I can replace it. I'd just refund you to put you back into the same situation you were before the incident.

You probably also want to read section 25 which is all about what happens when the vendor supplies the wrong quantity of goods. In true linkbait style, section 25.3 will blow your mind.

http://www.legislation.gov.uk/ukpga/2015/15/section/25/enacted
Click to expand...
Perfect. Some light lunchtime reading! Thanks Jonathan.
 
How much was the purchase? is it worth all the hassle?
 
mj4456 said:
How much was the purchase? is it worth all the hassle?
Click to expand...

It was a minor purchase (a load of notepads) , but i was curious as to the legal / consumer rights perspective.
 
Sounds like a e.bay listing gone wrong ,sometimes when listing things if it’s a common item e.bay prompts you to use there headings .i.e I recently sold a Olympus 60mm macro and initially Used e.bays header which states 60-120 mm lens .which gives the impression it’s a zoom where in fact it refers to crop factor , . Someone actually bought it on that basis then cancelled straight away . I had to then relist it pain in the bum
 
Rapscallion said:
It was a minor purchase (a load of notepads) , but i was curious as to the legal / consumer rights perspective.
Click to expand...
Old adage if it sounds to good to be true it usually is
 
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