Online order not delivered with a twist

benson98

Hello Everyone,

Please could the experts help me with a recent onlinepurchase that’s not gone straight forward?

I ordered a new hard drive for my computer and placed theorder on the company’s website. I opted for express next day delivery too. Theprice of this was very cheap, too cheap. However, I hoped that it would be sentand I’d managed to get myself a bargain. Full payment was taken the next day.
I have been waiting for two weeks and still no delivery. Ihave contacted them once asking when the item will be delivered. This is the response:


“Thankyou for your e-mail,
Weapologise for us not fulfilling your order request. The Samsung Drivethat you are looking for we are having trouble sourcing. At the moment weare uinable to confirm a delivery date. "

There are two questions:

1. I am sure they priced this incorrectly. It isalmost half the price of other online retailers and has since deleted it fromtheir site. I am aware that they do not need to honour the price if a mistakewas made but payment has been taken. Does this mean I can demand the price is honoured?Taking a payment is a contractual part of this transaction.

2. I have read about my rights as a consumer andthey have 30 days to deliver. If they do not what are my choices? Am I able toask for compensation to get the product elsewhere?

I don’t want a refund – I want them to deliver the product Ihave already paid for!
Thanks everyone for looking at this and thanks for takingthe time to repy.

wealdroam

Read this thread...

READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

In particular, your answer is in this post.

And this post on when your contract is formed will also help.

CoolHotCold

Wealdroam is right (As usual).

Read the stickies at the top of the forum, and it will save time in the future.

wealdroam

CoolHotCold wrote: »

Wealdroam is right (As usual).

Gavin83

benson98 wrote: »

I don’t want a refund – I want them to deliver the product Ihave already paid for!

It's a perfectly reasonable remedy.

Ask for a refund and purchase elsewhere.

halibut2209

Wealdroam has been wrong before

But yeah, he's right here.

benson98

Thanks for the replies and the direction to most of my answers.

So what happens after 30 days? How long should a refund take? Is there alimit? Can I ask for compensation?

Gavin 83 - thanks for the reply but you missed the point. Yes I could goelsewhere but it will be far more expensive. I am trying to find out if it isworth holding out or to push as the item I am trying to get is under-priced.If... if they do not spot their mistake I want to be able to know the bestcourse of action.

I've looked at several sites reviewing their customer service, mostly 1/2out of 5 so I’m not too overly optimistic!

Valli

benson98 wrote: »

Thanks for the replies and the direction to most of my answers.

So what happens after 30 days? How long should a refund take? Is there alimit? Can I ask for compensation?

Gavin 83 - thanks for the reply but you missed the point. Yes I could goelsewhere but it will be far more expensive. I am trying to find out if it isworth holding out or to push as the item I am trying to get is under-priced.If... if they do not spot their mistake I want to be able to know the bestcourse of action.

I've looked at several sites reviewing their customer service, mostly 1/2out of 5 so I’m not too overly optimistic!

So you haven't read the links that were helpfully posted.

If they cannot supply it to you at that price they will refund you.

Valli

benson98 wrote: »

1. I am sure they priced this incorrectly. It isalmost half the price of other online retailers and has since deleted it fromtheir site. I am aware that they do not need to honour the price if a mistakewas made but payment has been taken. Does this mean I can demand the price is honoured?Taking a payment is a contractual part of this transaction.

2. I have read about my rights as a consumer andthey have 30 days to deliver. If they do not what are my choices? Am I able toask for compensation to get the product elsewhere?

I don’t want a refund – I want them to deliver the product Ihave already paid for!
Thanks everyone for looking at this and thanks for takingthe time to repy.

Q1 No you cannot demand that price is honoured.
Q2 -No you are not able to ask for 'compensation'.

somethingcorporate

Compensation for what?

If their terms state that a contract is not formed until they dispatch the product and they have not dispatched it you are not contractually bound so they owe you nothing. No compensation due.

Looksguywalker

halibut2209 wrote: »

Wealdroam has been wrong before

But yeah, he's right here.

...as has the fish man.