Online dealer help!

tetley2508

Hi everyone

Hope you all had a good christmas, I'm having a dispute with an online seller and would like some advice as to how to procedd, at this point i only really see the small claims court as a viable option. Here's the saga so far

On 08/12/09 I requested a quote from B2 fitness for 10 pairs of focus pads, 10 pairs of boxing gloves and 10 pairs of thai arm pads.

On the 09/12/09 B2 Fitness sent me a Paypal invoice for £465.00, stating the amount requested was for 10 pairs of focus pads, 10 pairs of boxing gloves and 10 pairs of thai arm pads. I even confirmed with them again that this was correct. I was told it was correct.

I paid B2 Fitness £465.000 through Paypal on the 10/12/09.

I received the thai arm pads on the 24/12/09, however I only received 5 pairs not ten as paid for and requested. I contacted B2 Fitness who informed me that the invoice was a mistake and these pads were sold individually and not as pairs. I explained that I had paid the invoice in good faith and expected to receive what I had ordered at the price we agreed upon.I did not purchase these items through B2 fitness's web site or e bay store, I simply asked for a quote for the 10 pairs of focus pads, 10 pairs of boxing gloves and 10 pairs of thai arm pads, and paid the agreed price through Paypal. At no point did B2 fitness give me a price break down of my order, only a set price for a bulk order.

B2 Fitness always throughout our e mails referred to pairs of Thai arm pads, and stated pairs on the invoice. I therefore expect to receive the correct amount of equipment I paid for.B2 have refused to send me the remaining part of my order and I am now requesting a refund of £175 so I can purchase the remaining amount of pads elsewhere. My preferred option would be for B2 to honour this order and invoice.B2 Fitness have now responded and refused my request for a refund.

Payapl have also refused to look at this case as because I recieved some of the order it falls under not as described and can't be enforced by them.

Any advice would be great.

soolin

As this was not an ebay purchase then paypal will not be interested in any claim for item not as described as there is no full buyer protection. However you can do a claim for item not received and as you did not get your order as expected it would seem an appropriate claim to open. A part order is not a full order after all, so claim for the items that have failed to arrive. For this to stand even a small chance of succeeding though you would need a good clear itemised paypal invoice.

Alternatively under DSRs you are entitled to a full refund if you return the goods, so maybe just do that, but check the time frames allowed.

Anihilator

Did you order 10 pairs or did you order 10 pads/packs.

This is clearly the important question here

Secondly this sounds like a business transaction.

soolin

Anihilator wrote: »

Did you order 10 pairs or did you order 10 pads/packs.

This is clearly the important question here

Secondly this sounds like a business transaction.

original post states:

On the 09/12/09 B2 Fitness sent me a Paypal invoice for £465.00, stating the amount requested was for 10 pairs of focus pads, 10 pairs of boxing gloves and 10 pairs of thai arm pads. I even confirmed with them again that this was correct. I was told it was correct.

I'm not sure why the nature of the transaction is important, paypal do not care either way.

OlliesDad

soolin wrote: »

I'm not sure why the nature of the transaction is important, paypal do not care either way.

DSR does not apply to business transactions.

Blacksheep1979

OlliesDad wrote: »

DSR does not apply to business transactions.

doesn't really matter either way, they're well outside the required time period to state they want to return the items. Paypal are complete !!!!!s, we hear it time and again that they're plain not interested and just want an easy life/their money.

You've got a contract with B2, a quote and they've admitted not sending the full quantity - easy win in the small claims court. Send a letter before action pointing this out along with the fact it could cost them more if it went to court and a judgement against them won't look too good, especially in the current economic climate and take it from there. Make sure you send the letter recorded delivery.