Wrong item delivered in "right packaging"

Deltadia

Hi,

*Long story*
I have recently tried to build a PC and after much researching ordered components on internet so that I can build it on the weekend. So I have placed my order on Sunday 19th October 2014 for all delivery by Saturday 25th October 2014 at the latest. The trader I have issue with currently had Saturday delivery option so I chose that to order. I have paid with debit card via Amazon payment on Sunday so come Monday the order was processed. I ordered with plenty of time in mind because I did not want to experience grief with delivery or stock issues. However, I was contacted on Friday (just before noon) by this trader that the CPU I have ordered (i7) is not in stock! I had all other necessary components by now (mind you, I had trouble with some of them due to Amazon + TNT combination. But I got through that and received it all by Friday). CPU is critical to PC, without it I can not build my PC so I was very very annoyed (possibly enraged) but I had no choice because this trader did not have an alternative stocked so I asked for a refund. Then out of nowhere! They found a stock!! I was very suspicious so I even asked them (over email) I do not believe it and their representative has reassured it me "It certainly is true ". Smiley was really included - after thing that I decided to not to be so suspicious and give them a chance. After all, it was my first transaction with them.

However, this was betrayed so fully I felt like I was beginning to build up hatred for humanity! The invoice and the packaging stated i7-4790T(what I ordered) but inside I found i3-4330T. Another thing to add here is that there is about 110 pounds difference between the two. I feel they miss-led me completely to delay me from refunding and then purposely sent a different item.

My current email exchange has reached a point where they would start the refunding process but keeps on evading my question on compensation. I have lost effectively a week because of this and experienced so much grief over my weekend - Monday felt like a relaxing day! Also they had the cheek to send me an email with refund process for i7 when they sent me i3 so on record it sounds like I am returning the correct item because I did not like it!

I have asked Citizen Advice for an advice too and they mentioned full refund but did not mention a compensation. Would my case be entitled to some compensation? I am also wondering if my case can fall under Misrepresentation Act 1967.

*short story*
I placed my order full five working days before my order but was only contacted the day before delivery about stock problem. So I asked for refund and then they found a stock. However delivered item was wrong (110GBP cheaper than what I ordered) but the packaging had label of what I ordered (the invoice states that what I ordered too). I feel they purposely packaged the wrong item especially considering their representative reassured me they found the stock of what I ordered. Because of this I have lost time and experienced lot of grief.

The email exchange since then has led me up to starting the refund process. But they are evading me on compensation front. I am wondering if my case would be entitled to compensation? Does it fall under Misrepresentation Act 1967.

Many thanks for reading and looking forward to advises and opinions!

P.S. The traders email regarding return process was very organised, methodical and pointed out all possible areas where the customer could be at fault for failed return. So I do not think such trader would put wrong item in a wrong package by mistake especially considering there isn't much similarity between i7-4790T and i3-4330T. (I mean its not even same class of CPU, i7!)

Esqui

You are entitled to get the cost refunded, including postage, as the item provided was (very) not as described. But compensation? No.

wealdroam

Deltadia wrote: »

I feel they miss-led me completely to delay me from refunding and then purposely sent a different item.

Well, that's certainly one opinion.
Another might be they actually made a mistake.

Is there a possibility that their supplier made a mistake and put the wrong thing in the box, and the only thing your supplier did was trust his supplier?

My opinion is that you are of course entitled to a full refund, and you should be able to return the goods at no cost to you.

Compensation? What for?
Quantify your losses then.

Deltadia

wealdroam wrote: »

Well, that's certainly one opinion.
Another might be they actually made a mistake.

Is there a possibility that their supplier made a mistake and put the wrong thing in the box, and the only thing your supplier did was trust his supplier?

Compensation? What for?
Quantify your losses then.

Answer to your first question is that I think the mistake due to supplier is quite low. I do not know your knowledge with computer component but I ordered the die only which is then packaged by each trader. The package does not even have a seal on it. I do not have knowledge of this traders packaging procedure but I believe one would have to put the die in to the box by themselves then put a label on it that corresponds to the inside item. At any rate it is very easy for them to check if the die inside the package is the correct one. In fact I ordered four items in total from this trader (three of them were correct items) and none of them had any seal on the package.

To your second question, I don't know. I brought up compensation after reading on financial ombudsman that you could be entitled to non-financial loss compensation. (ref: [financial-ombudsman.org.uk] Yes, I know financial product and other product could be different but that's why I am asking in first place. If I do have to quantify my loss then I guess I can quantify it as time lost due to them sending me the wrong item but that's probably not the right direction to go. And I was never under the impression that the consumer have to give exact amount on compensation?

wealdroam

Deltadia wrote: »

To your second question, I don't know. I brought up compensation after reading on financial ombudsman that you could be entitled to non-financial loss compensation. (ref: [financial-ombudsman.org.uk] Yes, I know financial product and other product could be different but that's why I am asking in first place. If I do have to quantify my loss then I guess I can quantify it as time lost due to them sending me the wrong item but that's probably not the right direction to go. And I was never under the impression that the consumer have to give exact amount on compensation?

Let's say, for example, you had set aside the whole of Sunday to build this computer. What... eight hours?

You tell us that no work could be done without the missing component. That does not mean the whole eight hours were wasted. In fact none of that time is lost simply because you had planned to set aside that time. The only loss is the time you have not budgeted for... fitting the cpu when it eventually does arrive and performing the remainder of the build.

I would even suggest that most of the hardware building could be done.

MSE's Failed Delivery article may help you to understand what I am trying to say.

Let's now take a step back and ask whether your supplier actually guaranteed the Saturday delivery.
You haven't told us who the supplier is, so you will have to look up their T&Cs, but it is possible it says something like "time is not of the essence".

There is a section in that mentioned MSE article that discusses 'time is of the essence'.

bris

You cant take compensation claims to the small court, only actual, provable losses, time is not a loss as far as the small claims court is concerned.

bod1467

bris wrote: »

You cant take compensation claims to the small court

Actually I believe you can (e.g. damages claims for hurt to feelings due to breaches of the Equality Act). But for the OP's situation you are correct.

Gavin83

What are you expecting compensation for and how much are you expecting?

Deltadia

wealdroam wrote: »

Let's say, for example, you had set aside the whole of Sunday to build this computer. What... eight hours?

You tell us that no work could be done without the missing component. That does not mean the whole eight hours were wasted. In fact none of that time is lost simply because you had planned to set aside that time. The only loss is the time you have not budgeted for... fitting the cpu when it eventually does arrive and performing the remainder of the build.

I would even suggest that most of the hardware building could be done.

]MSE's Failed Delivery article may help you to understand what I am trying to say.

Let's now take a step back and ask whether your supplier actually guaranteed the Saturday delivery.
You haven't told us who the supplier is, so you will have to look up their T&Cs, but it is possible it says something like "time is not of the essence".

There is a section in that mentioned MSE article that discusses 'time is of the essence'.

Well because the item in question is CPU, one can not build a PC without it. You COULD put together remaining hardware but that would be pointless because CPU has to go on first especially in mini-ITX build. IF I put every other component together without CPU I will need to take it out again when the CPU arrives. So the time I have "budgeted" is lost. I was planning on building a high performance PC to speed up my work (I am an Electrical Engineer so I need lot of computing power for programming and simulation). I can not quantify this...can I? I do understand where you are coming from for quantifying things but I don't think I can quantify things with firm logical reason behind it. I do not think it would have taken me eight hours to build a PC though, probably four hours maximum. But then again how do you justify the hours? I do not see how I could quantify the time lost and I do not plan on to doing that. Besides I do not plan to send the trader with invoice for time lost either. What I want is; for them to offer some compensation as they were seriously at fault (my opinion).

I did not reveal the traders name because it is ongoing issue. I just want other people's advice and/or opinions from their experience rather than trying to shame/pressure the company. If I was over-thinking things then I will gladly reveal the name in future post.

I read through the link you provided, it was interesting read and took notes for future reference but my opinion is that my case is different because they sent wrong item (I feel they sent it on purpose considering the turn of events I went through with them) but delivered on time. I received it on perfectly on time, I have no issue with deliverance of the items I ordered. My issue is with them sending me a wrong item. Mind you, this is not just wrong item, the label on the box (label is from the trader not from supplier because it has same format label on other items I have ordered) states i7-4790T (what I ordered) but inside is different item altogether. I wish I can add picture....

Their T&C has this regarding delivery: Delivery
"We will try to deliver the goods to you within the time estimated for delivery.
If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.
If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement"

Thanks for advice though. I will think about quantifying the problem just in case I need to escalate this matter further.

Deltadia

bris wrote: »

You cant take compensation claims to the small court, only actual, provable losses, time is not a loss as far as the small claims court is concerned.

Okie doke thanks for that. I will keep that in mind

Deltadia

Gavin83 wrote: »

What are you expecting compensation for and how much are you expecting?

I am expecting compensation for wasting my time by (purposely) sending me wrong item. I guess the make or break is proving that purposely but I feel they did because they initially told me it was out of stock at which I replied I can not believe it took you guys three (working) days to check the stock and I want a refund. Then they suddenly found a stock and sent me that while reassuring me that it was true that they found a stock. But the next day I got totally different item (well its still CPU but I ordered i7-4790T and its not even i7 but i3!) in correct box. But the label on the box is placed by the trader and it is not sealed either so they could so easily check the inside or change the inside!? Or I guess just put different label on.

I am expecting 50 tops. I do not think I am trying to rip them off with this but that's my opinion.