Price drop when order is incomplete

craig19712004

I recently purchased a full set of golf clubs which included a bag .I’m still waiting for the bag several months after the order.The price has now decreased by a considerable amount.Any advice on my rights as the order is incomplete?

y3sitsm3

craig19712004 said:

I recently purchased a full set of golf clubs which included a bag .I’m still waiting for the bag several months after the order.The price has now decreased by a considerable amount.Any advice on my rights as the order is incomplete?

You have the right to receive the bag you paid for.

You've had several months of usage of the clubs, it's not like you bought it and the price dropped the next day (although you still wouldn't have a right to a refund for the price difference then.)

Sandtree

Are these separate items you ordered? Is it just the bag that has come down in price that you are concerned about?

the_lunatic_is_in_my_head

www.legislation.gov.uk/uksi/2013/3134/regulation/30/made

(4) If the contract is a sales contract under which multiple goods are ordered by the consumer in one order but some are delivered on different days, the cancellation period ends at the end of 14 days after the day on which the last of the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

(5) If the contract is a sales contract under which goods consisting of multiple lots or pieces of something are delivered on different days, the cancellation period ends at the end of 14 days after the day on which the last of the lots or pieces come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

So you can cancel your contract once the bag arrives, whether they have the right to reduce the refund for diminished value depends on the durable information they gave you but it may be worth having a chat to see if they'll credit you something as good will.

Also worth a note:

www.legislation.gov.uk/uksi/2013/3134/regulation/42/made

(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(6) If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with paragraph (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

So you can also treat the contract at an end if it wasn't agreed the bag would take long than 30 days to arrive. 

Above assumes two things ordered together or as a bundle. 

pinkshoes

Have you used the clubs yet? 

As above, did you order them all together? (e.g. bag and clubs were all one order).

craig19712004

Yes the order was altogether for everything 

mattyprice4004

craig19712004 said:

Yes the order was altogether for everything 

And what about the question of if you’ve used the clubs? 

the_lunatic_is_in_my_head

mattyprice4004 said:

craig19712004 said:

Yes the order was altogether for everything 

And what about the question of if you’ve used the clubs? 

It's academic really, the OP has the right to cancel their contract. 

y3sitsm3

the_lunatic_is_in_my_head said:

mattyprice4004 said:

craig19712004 said:

Yes the order was altogether for everything 

And what about the question of if you’ve used the clubs? 

It's academic really, the OP has the right to cancel their contract. 

It's not academic.  If the OP has used them for the past several months (or at all likely) their value is significantly diminished. There's little point in returning them for a refund if that refund will be less than the current sale price.

Copy and pasting the Consumer Rights Act is all well and good, but it's just as important, if not more so, to actually consider the ramifications of pursuing your "rights."

sheramber

 Do you still want the clubs and the bag. if you cancel the contract you will have to return the clubs and probably get a reduced refund due to use.

If you are still wanting the bag you may be  better off waiting for the one already ordered as presumably , if they can't deliver yours, they can't deliver the ones advertised now at reduced price.

the_lunatic_is_in_my_head

y3sitsm3 said:

the_lunatic_is_in_my_head said:

mattyprice4004 said:

craig19712004 said:

Yes the order was altogether for everything 

And what about the question of if you’ve used the clubs? 

It's academic really, the OP has the right to cancel their contract. 

It's not academic.  If the OP has used them for the past several months (or at all likely) their value is significantly diminished. There's little point in returning them for a refund if that refund will be less than the current sale price.

Copy and pasting the Consumer Rights Act is all well and good, but it's just as important, if not more so, to actually consider the ramifications of pursuing your "rights."

As stated in my first post, the privilege for the retailer to reduce the refund depends upon the durable information received. Very few posters come back and answer what information they got so I only post at length on this point if they engage. 

I expect golf clubs are relatively expensive, above a value that would make it worth a small claims avenue, and the court can not penalise the consumer for use of the goods if the legislation dictates a full refund is due.  

It's pretty pointless to ask posters half questions, if the company provided the information then the use of the clubs does indeed become relevant. Merely asking if the clubs were used without any other information may imply to the opening poster that there no entitlement to a resolve if they have been. 

Equally as noted it is possible the OP can treat the contract at an end depending upon the timeframes agreed for delivery of the full order, although I'm not sure what happens with regards to diminished value, or indeed the goods, in this respect.