One item out of several stock - refund?

kiss_my_face

Hi, I did a search but couldn't find anything similar. 
I bought 3 items online from a retailer. 
Item 1 at £15.
Item 2 at £3.
Item 3 at £1.
Postage was £5.

3 days later I received an email to say item 1 is out of stock so they've refunded it. They have sent items 2 and 3.

However, I would have preferred a refund for all items as it's now cost more in postage than the two in stock items cost together!!! And I still need to buy item 1 from somewhere which will likely cost more in postage.

No reply from the retailer. 

Do I have any rights in this situation? I could return the items but their website terms say I should pay the return postage.

born_again

Return other 2 items

Start again..

SiliconChip

born_again said:

Return other 2 items

Start again..

That's going to leave the OP in an even worse position than they are now. They've currently paid £9 for items worth £4, if they return the items they'll have paid £5 and have nothing (and might even have to pay return postage on top).

I'm not sure there's much that can be done other than swallow what's already been paid out and face further payment for item 1 plus postage.

GrumpyDil

Nope, if they return withing 14 days under CCA they get the original purchase price and postage refunded. 

So the loss depends upon whether or not they need to pay to return the item or not. 

I would tell the retailer of their concerns and intention to return the items as on more than one occasion involving small value items I have received a refund and been told to keep the items. 

the_lunatic_is_in_my_head

I think it depends when acceptance occurred, if they cancelled the one before acceptance then it was an amendment to the offer which you could decline, although perhaps there'd be the expectation you'd be required to accept their amended offer through an action, rather than inaction, @Okell might comment on that.

If acceptance had occurred then you can reject the goods received under delivery of wrong quantity 

https://www.legislation.gov.uk/ukpga/2015/15/contents

and from what I understand retailer is to suffer the costs of return.  

A_Geordie

@the_lunatic_is_in_my_head section 25 (delivery for wrong quantity) is not the correct provision to rely on, that relates to the quantity of the same item. The correct provision would be section 26 (instalment deliveries) i.e. the cnsumer is not required to accept instalment deliveries unless they agree, so the retailer sending out 2/3 items without consent would not amount to acceptance. 

Edit: Ignore what I said, you are correct. Misread the post. 

DullGreyGuy

GrumpyDil said:

Nope, if they return withing 14 days under CCA they get the original purchase price and postage refunded. 

Unless they chose an enhanced delivery service, in which case they have to cover the cost of the difference between standard and enhanced price.

kiss_my_face

the_lunatic_is_in_my_head said:

I think it depends when acceptance occurred, if they cancelled the one before acceptance then it was an amendment to the offer which you could decline, although perhaps there'd be the expectation you'd be required to accept their amended offer through an action, rather than inaction, @Okell might comment on that.

If acceptance had occurred then you can reject the goods received under delivery of wrong quantity 

https://www.legislation.gov.uk/ukpga/2015/15/contents

and from what I understand retailer is to suffer the costs of return.  

Thanks. There was no acceptance or choice to accept 2 out of the 3 items. I simply got an automated email that said "item 1 is now out of stock and we will refund you for that. We have sent items 2 and 3."

They haven't replied to my email. So I will follow up again tomorrow. I'm not going to waste too much of my time over a fiver, but I don't like the way they've done things.