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Screwfix.com order: wrong quantity advertised

I ordered 40 stair balusters (30 for the stairs and 10 landing) at a cost of 6.99 for a pack of 10 through their web site. To my utter disappointment only 4 arrived, not what I expected after the promising e-mails telling me my order had been packed and quality checked!

I telephoned to find out where the rest of my balusters were to be told that the web site was down and that I would be telephoned back. When I was, I was told that the web site should say that it was the price for 1 baluster pack and not for 10 in a pack as it does.

I was told that I could have my money back but that there is nothing else they could do as under the terms and conditions they are not obliged to sell me the items at the advertised price, however, I am still obliged to pay the joiner who turned up to fit them.

Does anyone have any advice as to what i can do from now? Specifically, can I claim compensation to cover what i had to pay the joiner?

Comments

  • if the items are unused and you return them within 14 days, you are entitled to a full refund, under the distance selling regs.... if you used them, they're yours... personally i'd have checked the quantities on the phone, as 6.99 for 10 balusters sounds suspiciously cheap....unfortunately you are unlikely to be able to get any compensation.... after all, it's hardly their fault that you had to pay a joiner... sorry....
  • jasmin10
    jasmin10 Posts: 905 Forumite
    I work for a place where people order online and from catalogues. The amount of errors on/in both is outrageous. The company get out of it as they have a bit that says something along the lines of "errors and omissions are accepted"
    TopCashback £1792.63
    My Little World
  • Hmmm, an interesting one...

    They don't have to sell you the goods at the advertised price, that is true... But if they have sent you the goods, then they HAVE sold you the goods at the advertised price. You made an offer, they accepted, took the money, advised you they were dispactching AND sent you the goods. The sale is without a doubt complete. They should therefore be compelled to send you the rest of your order.

    It would be different if they had realised their mistake before sending the goods out and had cancelled the orders, as internet sites cover themselves in their T&Cs by specifying when the contract is made and it is usually once they send the goods out.

    Check Screwfix's T&Cs thoroughly and see what it says about when the contract is made between you and them. If it is when they dispatch, then they owe you those balusters (whatever they are, lol) at the price they sold them to you. I hope you have screenshots of the original webpage, btw.

    As for the joiner, no chance. You really shouldn't have booked him to do a job when you didn't have all the stuff for him to do, anything could have happened to delay delivery of the goods, look at when we had the snow! So that's one to chalk down to experience, I'm afraid.
  • jasmin10 wrote: »
    I work for a place where people order online and from catalogues. The amount of errors on/in both is outrageous. The company get out of it as they have a bit that says something along the lines of "errors and omissions are accepted"
    They really should be reported to TS if that is the case, as whilst the odd error is acceptable, something that bad is not. Also "errors and omissions are accepted" may well be a breach under the CPUT Regs 08 & the UTCCR 99 as it is trying to impose a rather unfair term on the consumer, as in: "even if we mess up, it's not our fault and nothing you can do about it", which is the internet equivalent and about as legal as "sold as seen" in the real world. ;)
  • jasmin10
    jasmin10 Posts: 905 Forumite
    Tell me about it, it makes me made as hell when I can't help these people as our hands are tied when on the phones to customers.
    TopCashback £1792.63
    My Little World
  • I was told that I could have my money back but that there is nothing else they could do as under the terms and conditions they are not obliged to sell me the items at the advertised price.

    "1.2 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order."

    "2.4 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price."


    Interestingly Screwfix have delivered some of the goods to you, so do you have a contract for those items?

    If so, only for the ones delivered, or the entire order?

    Write a letter to head office, pointing out that you do have a contract as the price was agreed, payment taken and delivery made. Don't deal over the phone with these people.

    You could only reclaim the cost involved in employing a joiner if the delivery date was a specific term of the contract (which it clearly was not).
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