Help with parts order please

reallylost

Hi there
just wondering if anyone can help
I ordered parts for a motorbike online
one of the items was a pack of 2
when the parts were delivered this part only had a single item
I phoned the company who said oops yes sorry should have been a pack of 2 as stated on your invoice and order
They told me they would get on to their supplier to rectify this at no extra cost to me as it was their mistake.
Fine by me....
Then today I get a call saying that the supplier never sells the items in packs of 2 so it was their mistake and they have changed their website to say it is a pack of 1 now.....so could I now give them my payment details to order another one and the postage.?????

Can they do this or do they have to provide what was ordered in the first place at the price I was invoiced and paid??

Please help they are the only company that supplies these parts so I have to sort it out soon.
Thanks S

reallylost

Please help they keep phoning me saying I either have to order new parts at cost or return what I have already received and I have no right to ask them to fulfill their invoice.
Thanks S

Valli

They accepted an order for a pack of two and accepted your payment so I believe that they have to supply you with the additional ordered and paid for item at no extra cost to you.

Under the law

they advertise an item (pack of two scrommits) and suggest a price (£3.00) + P&P
you order that item at that price
they accept your order (in law offer) and at THIS POINT IN TIME a contract is formed. They take your money.
They have contracted to supply you a pack of two scrommits at £3.00 + P&P
They supply 1 scrommit

They have broken the contract. In order to fulfil the contract they must supply you with your missing scrommit at no further cost to you.

More info here

If you decide to return the goods they should refund all that you paid in the first instance and arrange for collection of goods/pay for the return.

If they KEEP phoning you they are hassling you; that too is illegal. Note down date/time of calls and all other information (ie who called, what was said).

Torby

the ONLY company that supplies these parts...what are you ordering?

you may find on checking their website or T&Cs that there is a disclaimer along the lines of "Errors and omissions excluded" to cover such mistakes on their web page...having said that, you would think if these guys are the only people that supply theses parts, the prices must have looked a bit suspect if it was basically half price....they don't have any obligation....but as a nice gesture they could meet you halfway on price perhaps....

again out of curiosity, what were the parts you needed, make of motorcycle etc....someone on here may be able to point you to another supplier. Might be useful to let people take a look at their website and identify the parts concerned.

E&OE is an initialism standing for errors and omissions excepted. [1] The phrase is used in an attempt to reduce legal liability for incorrect or incomplete information supplied in a contractually related document such as a price list, quotation or specification. It is often applied as a disclaimer in situations in which the information to which it is applied is relatively fast moving. In legal terms, it seeks to make a statement that information cannot be relied upon, or may have changed by the time of use.

Torby

"If they KEEP phoning you they are hassling you; that too is illegal. Note down date/time of calls and all other information (ie who called, what was said)."

the OP has said these are the only company that supplies these parts, the OP obviously needs them, so I don't believe you would get anywhere by complaining they are "hassling" anyone....would you suggest its better if they ignore the OP for 6 months and not try to get the thing sorted?

reallylost

Thanks for the replies
Manager wont back down and says I either order another one at cost, return for a refund or go away.
Have decided to go away and look for the missing part elsewhere.
Thanks a lot again
S

Torby

"again out of curiosity, what were the parts you needed, make of motorcycle etc....someone on here may be able to point you to another supplier. Might be useful to let people take a look at their website and identify the parts concerned."

not really looking for help then?...lol...

Valli

Torby wrote: »

"If they KEEP phoning you they are hassling you; that too is illegal. Note down date/time of calls and all other information (ie who called, what was said)."

the OP has said these are the only company that supplies these parts, the OP obviously needs them, so I don't believe you would get anywhere by complaining they are "hassling" anyone....would you suggest its better if they ignore the OP for 6 months and not try to get the thing sorted?

is this back at me? (not clear from your quote.)

all I suggested was the OP make a note of phone calls - not complain (to the company or anyone else at this point) just so that IF it goes further the OP has proof of calls.

Always good practice, in my experience, to note down date/time/content of calls when there is a dispute. The information might never be needed though.

Torby

Valli wrote: »

is this back at me? (not clear from your quote.)

all I suggested was the OP make a note of phone calls - not complain (to the company or anyone else at this point) just so that IF it goes further the OP has proof of calls.

Always good practice, in my experience, to note down date/time/content of calls when there is a dispute. The information might never be needed though.

it's a bit OTT to suggest what they are doing is illegal as far as I can see they and the OP have it in their interests to resolve this ASAP....

Malicious or abusive phone calls are a criminal offence, under section 43 of the Telecommunications Act, 1984

not trying a speedy resolution for both parties concerned,if it drags on he may miss out on the DSR as well...if the OP came back (eventually) we may find out if there are any caveats on the web site...but looks like we'll never know.