Online order error

AndyandBrian

Hi, I ordered shelves/pizza making kit from Adexa Direct on Sun 29/05 paying with Amex. I realised when I checked the email confirmation that evening there'd been a problem - some items in my order had doubled quantity e.g. 4 items instead of 2. I hadn't made this mistake as you had to update the quantity of each item separately. I phoned the company this morning thinking they would amend the error. They would - at a cost of 25% restock charge per item! I explained this was a website error, I didn't order double quantities - they disputed this, then said I should have noticed when the amount was significantly more at checkout (I didn't notice). I explained I haven't even got room for 2 shelves! When I said I would raise a dispute with my credit card company (can't yet as the transaction is still pending), they threatened to cancel whole order (over £230) and charge me 25%.
Can they do this? At this point I'd like to cancel entire order as customer service is appalling, but I'll settle for them amending the order. What are my rights? Thanks 

Keep_pedalling

Adexa would seem to be a supplier of commercial catering equipment, was this a business to business transaction? 

AndyandBrian

No t wasn't a business order. 

Alderbank

AndyandBrian said:

Hi, I ordered shelves/pizza making kit from Adexa Direct on Sun 29/05 paying with Amex. I realised when I checked the email confirmation that evening there'd been a problem - some items in my order had doubled quantity e.g. 4 items instead of 2. I hadn't made this mistake as you had to update the quantity of each item separately. I phoned the company this morning thinking they would amend the error. They would - at a cost of 25% restock charge per item! I explained this was a website error, I didn't order double quantities - they disputed this, then said I should have noticed when the amount was significantly more at checkout (I didn't notice). I explained I haven't even got room for 2 shelves! When I said I would raise a dispute with my credit card company (can't yet as the transaction is still pending), they threatened to cancel whole order (over £230) and charge me 25%.
Can they do this? At this point I'd like to cancel entire order as customer service is appalling, but I'll settle for them amending the order. What are my rights? Thanks 

Hi and welcome to the Forum!

Did you confirm with Adexa that this would be a retail purchase by a consumer ?

Adexa supply catering equipment to commercial kitchens. They say they don't do retail.
The website you ordered from says:

Adexa Catering Equipment Direct Limited is a supplier of catering equipment and services to commercial customers. Every sale is considered a business to business contract. If you are making a personal purchase for yourself please note that you will not be covered by the consumer Distance Selling Regulations (DSR’s).

It goes on to say:

4. Cancellations

Any order cancelled within the first hour following payment of the order will be charged a 5% cancellation fee. After the first hour following payment of the order, a restocking fee of 25% will be charged.If you wish to cancel your order on any other day following the day order was placed, 25% restocking fee and a two way courier fee will be charged. Courier fee will depend on the nature of your order.

They seem to have assumed that you are a B2B buyer. You need to explain that you are a consumer intending to make a retail purchase and you had no intention of entering into a B2B contract.

Jenni_D

And they can say what they like about only selling to businesses, and consumers not being covered by DSRs (which no longer exist in that name) - unless they took steps to confirm that you are a business (e.g. you have to provide your business name) then their T&Cs cannot void a consumer's lawful rights.

shiraz99

As above, their T&Cs can say what they want but unless they put in steps to prevent consumer's from buying then they have to accept that some might do and therefor they cannot simply deny you're statutory consumer rights.

AndyandBrian

Thanks for your comments. The website allows you to proceed without putting in a business name, and there seems to be no requirement to have a business to buy from them. 
However they seem not willing to acknowledge that there was a problem with their website - I didn't intentionally order double the required quantities. 

born_again

AndyandBrian said:

Hi, I ordered shelves/pizza making kit from Adexa Direct on Sun 29/05 paying with Amex. I realised when I checked the email confirmation that evening there'd been a problem - some items in my order had doubled quantity e.g. 4 items instead of 2. I hadn't made this mistake as you had to update the quantity of each item separately. I phoned the company this morning thinking they would amend the error. They would - at a cost of 25% restock charge per item! I explained this was a website error, I didn't order double quantities - they disputed this, then said I should have noticed when the amount was significantly more at checkout (I didn't notice). I explained I haven't even got room for 2 shelves! When I said I would raise a dispute with my credit card company (can't yet as the transaction is still pending), they threatened to cancel whole order (over £230) and charge me 25%.
Can they do this? At this point I'd like to cancel entire order as customer service is appalling, but I'll settle for them amending the order. What are my rights? Thanks 

You don't have a dispute right.

Sadly, Not checking the order before pressing submit is not a dispute right. 

Manxman_in_exile

born_again said:

AndyandBrian said:

Hi, I ordered shelves/pizza making kit from Adexa Direct on Sun 29/05 paying with Amex. I realised when I checked the email confirmation that evening there'd been a problem - some items in my order had doubled quantity e.g. 4 items instead of 2. I hadn't made this mistake as you had to update the quantity of each item separately. I phoned the company this morning thinking they would amend the error. They would - at a cost of 25% restock charge per item! I explained this was a website error, I didn't order double quantities - they disputed this, then said I should have noticed when the amount was significantly more at checkout (I didn't notice). I explained I haven't even got room for 2 shelves! When I said I would raise a dispute with my credit card company (can't yet as the transaction is still pending), they threatened to cancel whole order (over £230) and charge me 25%.
Can they do this? At this point I'd like to cancel entire order as customer service is appalling, but I'll settle for them amending the order. What are my rights? Thanks 

You don't have a dispute right.

Sadly, Not checking the order before pressing submit is not a dispute right. 

But if the purchase value is > £100 and the supplier either (1) refuses to cancel the order as a distance sale or (2) they charge a restocking fee (which I understand the law does not permit) wouldn't the OP then have a valid s75 claim against their credit card provider?

Alderbank

AndyandBrian said:

Thanks for your comments. The website allows you to proceed without putting in a business name, and there seems to be no requirement to have a business to buy from them. 

Indeed. They seem willing to sell to both businesses and retail consumers.
On Adexa’s checkout page for your purchase under ‘customer type’ there is the option to choose either ‘business’ or ‘consumer’.

If you chose ‘consumer’ then my view is that you are protected by consumer rights legislation and their T&Cs cannot take away from your rights.

Jenni_D

I've not checked - does it default to Business? And/or does it allow you to proceed if you don't make a selection?