Got less than I paid for and was refused a refund!

Yockie

A week ago I purchased three tins of vegetables at £14.99 per tin online. It said each tin was 3 kg. I specifically asked how much is the drained weight of the product, as opposed to the product and the water. I was told that the drained weight is 2.5kg. Then on Friday, I received the tins and they were all 2.5kg with the water. It said on the tin the drained weight of the product is 1.9 kg. I emailed the company immediately and again they assured me that the drained weight is 2.5 kg and I must be mistaken. When I scanned the label and sent it to the company I didn’t get a reply at all. Hence I called them today and asked what happened?

I expected an offer of a refund of £10.79. The way I got to £10.79 is as follows:
3 tins x £14.99 = £44.97
I was told each tin is 2.5 kg drained weight so 3x2.5=7.5kg of the drained product weight.
In reality I only received 5.7 kg in drained weight (as 3x1.9=5.7 kg).
So that is a difference of 1.8kg (almost another tin!!!).
£44.97 divided by 7.5kg (as had been sold to me)= 5.996 £/kg

The 1.8kg difference that I paid for but did not receive times the 5.996 £/kg = 10.7928 = £10.79 refund for something I paid but did not get!

When I told them about my calculations, I was told they will not be refunding me as they had made a simple mistake and they have now amended it on their website. I said that a mistake is a mistake and at the time of paying I expected (and was told will receive) 7.5 kg of drained weight – they have to pay for their mistake by refunding me. They refused and said I can return the products and they will give me a full refund. I cannot return the products as I have already used them during the weekend. So they said – sorry, that’s that! But I did enquire about the weight on Friday – I simply expected that they will say “fine, we’ll refund you” on Monday and we’ll all be happy. Not so!

I called the Trading Standard Authority and they took the details but told me I am not entitled to anything since I have consumed the products. They said they’ll check the trader, but sadly it is one of those things that I have to accept and move on. How can that be – I paid for more than I received and traders are allowed do that if they “simply make a mistake”. On the other hand consumers cannot simply make a mistake of £10.79 when paying for products and get away with it!
I cannot believe that such scamming is allowed in this country!!!

wealdroam

Well you have eaten the stuff.

Isn't that the ultimate test of acceptance?

:beer:

shaun_from_Africa

Well you have eaten the stuff.
Isn't that the ultimate test of acceptance?

Yes, and that is exactly what the SOGA also states.

35 Acceptance
(1) The buyer is deemed to have accepted the goods [subject to subsection (2) below--
(a) when he intimates to the seller that he has accepted them, or
(b) when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.

and traders are allowed do that if they “simply make a mistake

Anyone, trader or consumer can make a mistake, and the trader attempted to rectify their mistake and offered you a full refund which is all they are required to do. It's hardly their fault that you couldn't return the items due to the fact that you had already eaten them.

MrsBartolozzi

You could ask them to send you another tin as compensation for the 1.8kg they failed to send in the first place.

Yockie

MrsBartolozzi wrote: »

You could ask them to send you another tin as compensation for the 1.8kg they failed to send in the first place.

They have refused to do that - they said a mistake has been made and now that they have corrected it, its basically my bad that I bought at the price that offered me more - if I buy now I'll get what I got back then, I simply was the one to see it first from all their consumers...:doh:



wealdroam & shaun from Africa - I am not arguing with the quality of the good - it was what I expected (not better, not worse), but its the quantity that I have a problem with. For me, the consummation of the product accepts the quality, I didnt know it means it accepts the quantity as well...:doh:

dacouch

Sort of topical http://www.dailymail.co.uk/news/article-1327966/Shopper-overcharged-Co-op-assistants-breasts-resting-scales.html