Quantity Not As Described - Seller Refusing To Send Amount Ordered

PDB77

Hello I bought some storage boxes from tesco direct. They were described as a pack of 5 three times in the description. I ordered 3 lots so 15 boxes in total.

They only sent 3 boxes.

I tried ringing and emailing but they were too busy to reply to me.

I wrote a letter, they later told me they did not receive it.

The product description on the website has now being altered, you are buying one box not a pack of 5.

I managed to contact them via facebook, they asked for proof that the website had described the product as a pack of 5. I showed them the screen shot of the item that I had taken as I had used it in my complaint letter (luckily).

Even with proof they told me I got what I paid for, three storage boxes and I told them it was untrue because they sold me 15. They said they will not supply me with the other boxes because even IF they had made a mistake they are not legally obliged to give me all the boxes.

I feel totally cheated.

Well I kept posting on their facebook and they said they would be in touch again but over the phone they had basically said it was the end of the matter, offering that I could return the items (its been two weeks and they have been used, plus I want them) or I could have free delivery should I wish to buy myself the other 12 boxes that I was expecting.

Please can someone tell me if I legally have any chance of getting the rest of the boxes?

bod1467

They ARE legally obliged. You offered the treat (placed an order), they agreed (accepted your order and took payment) then completed the contract by shipping goods to you. Contract is formed - they are in breach.*

* What does your order acknowledgement (email?) say? 3 x Boxes or 3 x Pack of 5?

unholyangel

What was the price you paid per box?

Mark_Hewitt

That's a matter of opinion, others say the contract is complete when the goods arrive with the purchaser. At this point, ask them for your money back - that they are obliged to do as the goods were not as described.

bod1467

Contract is formed on payment being taken, UNLESS the retailer's T&Cs specify some other point at which contract is formed.

4. Payment and acceptance
If you buy an item from the Tesco Direct Catalogue on the phone, in-store or online you will be charged for an item at the time you place your order. After this time, you cannot amend your order (but please see our cancellation policy in section 6 below).

Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch an item to you, at which point a contract will be made between us

http://direct.tesco.com/help/directtermsandconditions.aspx

Contract has been formed - they are in breach (subject to what their order confirmation says).

unholyangel

bod1467 wrote: »

Contract is formed on payment being taken, UNLESS the retailer's T&Cs specify some other point at which contract is formed.



http://direct.tesco.com/help/directtermsandconditions.aspx

Contract has been formed - they are in breach (subject to what their order confirmation says).

Yes but you have to demonstrate that they accepted the offer of £x for 5 box packs and not per box

PDB77

Well I only paid £3.20 per box but they do have some mega deals, for example at the same time I ordered a lamp for £7.50 that they were selling in a different colour for £35. The lady did say on the phone I could not expect to get 5 boxes for the price I paid, but I pointed out that they have good offers and I was buying a reduced price item, plus they set the price so how was I meant to know it was the wrong price. It seemed perfectly reasonable to me that it was all genuine. If I buy the boxes again (the missing ones) as suggested by Tesco it will cost me another £38 which I cannot afford.

Here is what the email confirmation said;

3 x Sweater box, Clear*
Catalogue No: 212-3350
Our Ref (TPNB): 65353617
£12.00 (3 @ 4.00 each)
1 x Lindam Soft Folding Bed Rail, Pink*
Catalogue No: 203-0569
Our Ref (TPNB): 61660611
£24.95 (1 @ 24.95 each)
1 x Wham Crystal 32L Under bed storage box with lid, 3 pack clear*
Catalogue No: 901-6379
Our Ref (TPNB): 50438005
£16.00 (1 @ 16.00 each)
1 x Tesco ball touch table lamp with shade (AW11)*
Catalogue No: 209-6819
Our Ref (TPNB): 66401151
£7.50 (1 @ 7.50 each)

Here is the website description at the time of sale and afterwards when I complained;

Sweater box, Clear
Catalogue number: 212-3350

Description

A 5 pack of secure lidded storage boxes for a multitude of purposes, such as clothes, toys other household items. The strong, secure sweater box design allows the boxes to be stacked together to save space when in use and are nestable when empty.
Holes in the side of the unit give added ventilation when storing clothes. The clear polypropylene construction makes it easy to see the contents.
Features
Brand
Thumbs Up
Capacity
16 litre per box
Colour
Clear
Design
Storage box
Features of Product
5 pack lidded, stackable and nestable multi purpose storage box. Stores clothes, toys or other household items. Holes in side of unit for added ventilation when storing clothes. Clear, functional and strong box and easy to view contents. Nestable when not in use. Secure clipped lid for storage
Folding
No
Handles
No
Lid
Yes
Material
Polypropylene
Nestable
Yes
Number of Compartments or Drawers
5
Product Depth
36.5 cm
Product Height
38 cm
Product Weight Units
kg
Product Width
43 cm
Self Assembly
Minimal assembly required
Set
5
Stackable
Yes
Weight
3.95
Wheels
No


I feel pretty Stupid about the whole thing now but if you read the description it clearly tells you three times you are getting 5 boxes and that they nest and stack. I understand it seems very cheap but for example when I bought my daughters bed and mattress from them in a combo offer the whole lot worked out cheaper than buying the mattress on its own.

I just want the boxes to sort out my little girls bedroom before Christmas, I can't afford to buy them and I feel aggreived that they misled me and all this time I have been waiting for the extra boxes to arrive.

PDB77

bod1467 wrote: »

They ARE legally obliged. You offered the treat (placed an order), they agreed (accepted your order and took payment) then completed the contract by shipping goods to you. Contract is formed - they are in breach.*

* What does your order acknowledgement (email?) say? 3 x Boxes or 3 x Pack of 5?

What would my next course of action be? Who do I turn to next?

bod1467

unholyangel wrote: »

Yes but you have to demonstrate that they accepted the offer of £x for 5 box packs and not per box

OP's post immediately following yours does this ably.

PDB77

unholyangel wrote: »

Yes but you have to demonstrate that they accepted the offer of £x for 5 box packs and not per box

I printed out the page with description which shows the date I printed it, the price I paid and the quantity (5).

They told me even with proof it won't change anything and what they are doing is perfectly legal.

I really need some help

somethingcorporate

The website is compelling but your confirmation isn't. Really tough one, I think the best you will end up with is your money back