One for the consumer rights experts....

[JonathanRyan]

1st of Feb I bought a Groupon deal. It was for 72 Nak'd bars. I paid by credit card.

A week or so ago, 18 Nak'd bars arrived (they come 18 to the box, there were a number of different deals including a 1 box deal and a 4 box deal).

I assumed it was a partial delivery and stuck it in the cupboard - at some point either my wife or I (or probably both) ate a couple of the bars.

Today I finally figured out the others never arrived so I contacted Groupon. They offered me the following options:

1. Keep the box and take a Groupon credit for £18
2. Return the complete box and get a refund

Obviously I can't do option 2.

Really I'd like them to send the other 3 boxes (it was a really good deal) but failing that the money would be nice since I may not use Groupon for a while. I would be prepared to accept 75% of the money back since I got 25% of the deal. They refused as it wasn't "company policy". I insisted on the grounds that it's, you know, the law. Though really I'm not sure it is.

 

[viv1969]

You do not have to accept Groupon credit. You can insist on a refund to the card you paid on.

But for ease of practicalities....option 2 from your list

 

[Nod]

Like Ruth, I'd buy a couple of bars to refill the box and return it for a full refund.

 

[Keith W]

That depends on if the other box was sealed or not.

If it was sealed and that seal has been broken they may not accept it back

 

[Peter B]

You seem to have left out the main option, which should be to make them fulfill the deal you bought and paid for. If this costs them more money, that's not your problem.

 

[JonathanRyan]

That depends on if the other box was sealed or not.

If it was sealed and that seal has been broken they may not accept it back

It was delivered by Hermes. Nothing is that sealed

You seem to have left out the main option, which should be to make them fulfill the deal you bought and paid for. If this costs them more money, that's not your problem.

My rather shaky understanding of consumer legislation is that this is the one thing I can pretty much never insist on. I mean I can ask, but the law isn't on my side.

 

[Peter B]

My rather shaky understanding of consumer legislation is that this is the one thing I can pretty much never insist on. I mean I can ask, but the law isn't on my side.

Perhaps I've misunderstood. I thought you had actually paid for the 4 box deal and they've only delivered one? In that case they've taken your money and not delivered, which is different to them backing out (legitimately) if they advertised something at the wrong price in the first place. I guess I'm not clear on what a Nak'd bar should cost, but presumably it isn't £18 for a box of 18?

 

[viv1969]

It was delivered by Hermes. Nothing is that sealed



My rather shaky understanding of consumer legislation is that this is the one thing I can pretty much never insist on. I mean I can ask, but the law isn't on my side.

Oh you can insist in them fulfilling the order.
If they are unable or unwilling to do that, then you are entitled to a full refund to the card you paid with.
In any event do not accept 'store' credit. Those days are long gone.
The only time they can insist you do that is if they have agreed to take back the goods simply because you changed your mind.

 

[JonathanRyan]

Perhaps I've misunderstood. I thought you had actually paid for the 4 box deal and they've only delivered one? In that case they've taken your money and not delivered, which is different to them backing out (legitimately) if they advertised something at the wrong price in the first place. I guess I'm not clear on what a Nak'd bar should cost, but presumably it isn't £18 for a box of 18?

Ooo you might be right. I guess they accepted the order at some point before they partially delivered it.

Since you ask, the price of Nak'd bars is extraordinarily volatile. The manufacturers currently charge £14 + delivery for 18. But you can get them on the secondary market for under £10 a box or over £20. Groupon were claiming that £11.99 was the market rate for a box but were selling them for £7.99. Actually I paid £23.99 for 4 boxes.

 

[ecoleman]

They have accepted your order and therefore have 30 days at the most to fulfil that order, otherwise they are in breach of contract.

You can expect a full refund and do not have to accept credit.
Also if they want the box back, they will need to collect or cover the cost of that.

 

[LASTOLITE]

Call them and tell them you will be calling the Credit Card Company and putting the payment into dispute They will immediatly have it clawed back from them and then they have to state their case to credit card company. You then state yours and IF you have the paperwork saying 4 boxes are in your deal its 4 boxes or refund! simple as they will also have to collect the box they did send...end result you get a refund.

 

[Sarg0r]

I'd be handing it over to my credit card company and letting them deal with it