Is this company obligated to fulfil my order after payment is accepted?

TheBlueRaja

Hi,
Im doing a bit of background work before i phone a company but basically i ordered two components which were on special offer from a computer store.

Both components were paid for and payment has been taken but now i notice in my order that only 1 has been provisioned for me.

I have ordered two of these at the promotional price, had payment accepted and payment taken for both, as yet no refund had been given for the second item and i have received invoices stating that i have ordered 2 components, not one.

Im thinking when i phone them they may turn round and say it was only one per customer, although no such claim was made on their website when i ordered and my order was taken.

What right do i have here?

Here, incidentally, is the latest e-mail i had from them regarding my order:-

***This is an automated email. Please do not reply***

Invoice Number: XXXXX
Account Name: Mr XXXX

**********************************************************************
Payment has now been authorised and we accept that the contract
between us is now unconditional (save as may appear in our Terms and
Conditions.) Your order is now being assembled and will be dispatched
to you as soon as possible.
**********************************************************************

The real time status of your invoice is: Stage 2 of 4

1. Invoice printed / Awaiting authorisation - XXXXX
2. Payment authorised - XXXX
3. Order picked / Awaiting despatch
4. Order despatched

The estimated delivery date of your order is 09 Sep 2009 (unless you have
specifically requested a Saturday delivery).

We will aim to meet the estimated time of arrival calculated at the point your order
was placed. This is subject to stock availability and fluctuating volume of sales.
If there are any delays in your order, we will send further email notification.

Please be aware that if you have requested an alternative delivery address at the
point of ordering, this is subject to Address Verification checks against your card
details. If the card details fail to meet the necessary security checks then your
delivery will be reverted to the cardholder's address you have supplied. If this is
the case, we will notify you by email.

Thank you for your custom.

**Please read attachment for the Terms and Conditions

Halloway

If you've ordered two items and they only supply one then you have a right to a refund for the non-supplied item. I also think that you are within your rights to demand a cancellation of the entire order on the grounds of non-fulfilment. You could also reject the goods under the Distance Selling Regulations if you wanted.

I am fairly sure that the company is entitled to supply you with only one item for whatever reason, so long as it refunds right amount of money to you.

McKneff

Why dont you wait for them (or it) to be delivered and see whether you get one or two, if you get two fine, if you get one ring them

vicshippers

I would give them a call now, just to make sure. This would give them the opportunity to fix it before it's dispatched - saving both sides some time.

When people presume an issue and a fight before they have grounds for it genuinely saddens me.

woody01

No they aren't. There is no obligation as long as they refund.

I am almost certain you were trying to blag 2 x MSI motherboards that were on Promotional offer this week.
EVERYWHERE clearly stated 1 per customer.........
and no i don't work for Scan.
(This looks like an invoice from Scan)

TheBlueRaja

Ok, so if they are not entitled to deliver both then i wonder why they took my money and have not refunded me.

And there was NO mention of only 1 per customer - i know because i specifically looked for that on the website.

Im not looking for a fight, im just wondering what my rights were.

woody01

If it was from Scan (which i am sure it was), it did state 1 per customer.

They will send one and have 30 days to refund the price of the other.