comet auction wrong item delivered

coolcraig

paddyrg wrote: »

Or is it just a legitimate mistake - someone made an error, so the status quo is restored to a time before the mistake occurred. Can you blame Comet for your disposing of the old fridge at a cost of £40 before they delivered the new one? Did they tell you to do so? It would seem unlikely that they would, so you were acting on your own volition and that's not their fault. Just looking at this from the other side

maybe it was a legitimate mistake but i have been left up poo creek without a paddle, i cant afford to go and get a replacement now as comet have my money, i took the day from work to wait in for this delivery, i have spent about £12 in phonecalls trying to get someone to sort this out, plus its xmas in 1 week i have 3 small children to look after, plus i dont get what i paid for 14 days ago..

unholyangel

coolcraig wrote: »

no they do sell this item but only from new..it wasnt suposed to be sold on auction site and as listed by mistake

What was the details of the listing? Was it listed as new, boxed, unboxed, used, ex-display, any damage/missing items noted? Whats the make and model number?

unholyangel

coolcraig wrote: »

maybe it was a legitimate mistake but i have been left up poo creek without a paddle, i cant afford to go and get a replacement now as comet have my money, i took the day from work to wait in for this delivery, i have spent about £12 in phonecalls trying to get someone to sort this out, plus its xmas in 1 week i have 3 small children to look after, plus i dont get what i paid for 14 days ago.. do you work for comet?:)

I wouldnt really advise to make "do you work for the company in question" jokes. Some people can be touchy about them and if they aren't made in jest generally it gives the impression the OP as childish, tantrum throwing and awkward when things don't go their way and people disagree with them.

coolcraig

unholyangel wrote: »

What was the details of the listing? Was it listed as new, boxed, unboxed, used, ex-display, any damage/missing items noted? Whats the make and model number?

http://www.clearance-comet.co.uk/bosch-kgn39vl30g-1.html#product_tabs_bidding_history

unholyangel

coolcraig wrote: »

http://www.clearance-comet.co.uk/bosch-kgn39vl30g-1.html#product_tabs_bidding_history

Ok so price is realistic. The only thing I would've personally questioned about the listing is:
0.66 kWh/year energy consumption

:eek: I want one if thats all the energy it uses!

No but all jokes aside, I too tried to find a postal address for them and there is none! Just the number for customer services. You could always call them (01923 710000) and ask if head office can deal with complaints for comet clearance and if so, what the address is.

firesidemaid

personally, i would go down to my local comet, explain the problem and use THEIR phones.

I would not leave until SOMEONE had sorted it:)

paddyrg

coolcraig wrote: »

maybe it was a legitimate mistake but i have been left up poo creek without a paddle, i cant afford to go and get a replacement now as comet have my money, i took the day from work to wait in for this delivery, i have spent about £12 in phonecalls trying to get someone to sort this out, plus its xmas in 1 week i have 3 small children to look after, plus i dont get what i paid for 14 days ago..

No, I totally get that you're in a bit of a tricky position, and no, I don't work for Comet! What I'm just trying to do though is separate out which bits Comet has control over, and which bits are just unfortunate/time to write off. For instance, they couldn't know you have three kids and got rid of your old machine before you accepted/rejected the delivered goods, and they acted in good faith.

BTW I just checked - term 7 of the T's and C's states

On delivery, if the goods are faulty or do not conform to description, you may contact us within 7 days. In such event we will provide a full refund of the sum paid by you as a winning bid and any delivery charges. The nature of the products for auction prevents replacement products being provided in the event faults or failure to conform with description. We will arrange collection at our own expense. Products bought at auction may not otherwise be returned.

In which case I think you'll be hard pushed to hold them liable for anything beyond those terms

unholyangel

paddyrg wrote: »

No, I totally get that you're in a bit of a tricky position, and no, I don't work for Comet! What I'm just trying to do though is separate out which bits Comet has control over, and which bits are just unfortunate/time to write off. For instance, they couldn't know you have three kids and got rid of your old machine before you accepted/rejected the delivered goods, and they acted in good faith.

BTW I just checked - term 7 of the T's and C's states


In which case I think you'll be hard pushed to hold them liable for anything beyond those terms

Theres kind of a difference (in my opinion at least) between not conforming to description perhaps by being white or having a 3" scratch as opposed to the 2" scratch mentioned and advertising something mistakenly, then allowing the auction to run its course, and then accepting the final bid and somehow not noticing that the details of the fridge the OP paid fore are no where near similar to the one they're sending out - other than it being a fridge freezer of course.

Nor can a company limit their liability for things that the law says they are liable for. Again, it would be a unfair contract term.

However, I do think loss of bargain is always hard to prove. OP should decide if they want to spend time on this path, getting advice from a legal professional....possibly losing and being out of pocket for the court fee's etc not to mention time wasted. I'm not saying this isnt an option for the OP, just that they should perhaps get advice (try consumer direct or trading standards) on how strong their position is legally. Then they can make an informed decision on whether to "fight" comet or not.

For what its worth though, I believe there is a legally binding contract in place. As above, a contract cannot be legally binding for the consumer and not legally binding for the retailer. It is a significant unfair balance in the contract terms and if being a member of this board teaches you anything, it is that consumer law is generally biased for the consumers.

Comet_company_representative

coolcraig wrote: »

hello everyone, i recently bought a fridge freezer from a auction comet site, i paid £215 which included delivery, after 13 days of waiting my goods were due for delivery yesterday, the delivery men arrived and started to unload the fridge freezer, i stopped them as the fridge freezer wasnt the correct 1 it was white instead of silver, also it wasnt even the same model number, also was damaged dents ,scratches etc..
i refused delivery believing they had just sent the wrong one, i then rang comet auctions and was informed that they had listed the wrong one and infact the fridge freezer i bid on and won wasnt actually for sale, they had listed the wrong one..
to say i wasnt happy was an understatement as i have had my old fridge freezer removed and scrapped,so i am now without any fridgefreezer..
i went on to complain that i was left without a freezer 1 week before xmas and i had to pay for disposal.comet advisor told me that was my fault and i shouldnt have disposed of my old 1,
i asked to speak to a manager and was told i would not be able to speak to 1 untill tuesday,i also asked for advisirs name which he refused to give me, he was very very rude and just said read the sales of goods act,
i am fuming i have 3 small children and i am stuck without a fridgefreezer 1 week before xmas, do i ahve any rights here or is a refund the only option?
they have had my money for 2 weeks,it has cost me a 2 hour call at 10p per minute, i have disposed of my old fridge freezer and paid £40 aswell and have been told i wont be getting the item i won as it was a mistake,and had to be talked to extremely rudely by comet auction phone help..i would appreciate any help on this matter

Hi coolcraig,

I am sorry to note the problems you had with your order. It is extremely disappointing to note the error made by the Auction Team regarding the fridge freezer you purchased. Unfortunately, as the goods on our Auction site are significantly reduced, unless we have a similar product that has been returned we would be unable to supply anything other than a refund, as per the Terms and Conditions of auction purchases.

However, you should not have to wait for a manager to call you back and this has since been raised with the manager of the Department as well as the fact that the advisor refused to give his name, this is not what we expect and would duly expect all colleagues to offer their name in full when requested. If you could please email me your details via http://!!!!!!/65y2V, regarding the out of pocket expenses you incurred, I can investigate this further.

Regards,
Andy

coolcraig

Comet_company_representative wrote: »

Hi coolcraig,

I am sorry to note the problems you had with your order. It is extremely disappointing to note the error made by the Auction Team regarding the fridge freezer you purchased. Unfortunately, as the goods on our Auction site are significantly reduced, unless we have a similar product that has been returned we would be unable to supply anything other than a refund, as per the Terms and Conditions of auction purchases.

However, you should not have to wait for a manager to call you back and this has since been raised with the manager of the Department as well as the fact that the advisor refused to give his name, this is not what we expect and would duly expect all colleagues to offer their name in full when requested. If you could please email me your details via http://!!!!!!/65y2V, regarding the out of pocket expenses you incurred, I can investigate this further.

Regards,
Andy

Hi andy
I spoke to a manager on monday after having to call comet again for another 25 mins at 10p per minute, i spoke to a joanne martin and was told nothing could be done, i was not offered a temporary fridge freezer to see me over the xmas period, i was told i would not be refunded for my calls and all that could be done was a refund, which i wont get back untill after xmas, she said they could knock 10% from comet direct buying brand new, but seeing as though i dont have any money to hand as comet have it and i cant afford to buy brand new anyway i declined.i am still left without a fridgfreezer and am having to store my goods in a family members fridgefreezer 10 mins away.
i am appalled by the service from comet auctions, after all i am the wronged party here i have done nothing wrong and have suffered financially and have to go over xmas without a fridgefreezer. i have accepted my refund ,god knows when i will get it back.but i suggest you go and get some training from m &s or amazon customer service as they would never treat customers like this, it seems comet have been taking lessons from michael o'leary, surely it would have been easier for an apology and my costs back seen as though it was your fault not mine?