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Wrong quantity delivered.

2

Comments

  • Okell
    Okell Posts: 2,975 Forumite
    1,000 Posts Second Anniversary Name Dropper
    angelican said:
    Okell said:
    Who is the seller?

    (Curious to read their T&Cs)

    Assuming this is a bona fide UK seller, what the_lunatic_is_in_my_head says is correct.  You are legally entitled to reject the goods and the seller must pay for their return.
    petwell.co.uk
    "Law, jurisdiction and language

    The Petwell.co.uk website, together with all of the content contained therein, and all contracts that result from the usage of the Petwell.co.uk website, are governed by and construed in accordance with Guernsey Law. The parties to any contract resulting from the usage of the Petwell.co.uk website shall agree to submit to the exclusive jurisdiction of the courts of Guernsey. All contracts are conducted in English. These terms and conditions do not affect your statutory rights."

    Terms and Conditions: Clear Guidelines for Petwell Customers


    So contracts are governed by the law of Guernsey, but these T&Cs do not affect your (UK?) statutory rights.

    I wonder how that works?

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,525 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited Today at 3:04PM
    Okell said:
    angelican said:
    Okell said:
    Who is the seller?

    (Curious to read their T&Cs)

    Assuming this is a bona fide UK seller, what the_lunatic_is_in_my_head says is correct.  You are legally entitled to reject the goods and the seller must pay for their return.
    petwell.co.uk
    "Law, jurisdiction and language

    The Petwell.co.uk website, together with all of the content contained therein, and all contracts that result from the usage of the Petwell.co.uk website, are governed by and construed in accordance with Guernsey Law. The parties to any contract resulting from the usage of the Petwell.co.uk website shall agree to submit to the exclusive jurisdiction of the courts of Guernsey. All contracts are conducted in English. These terms and conditions do not affect your statutory rights."

    Terms and Conditions: Clear Guidelines for Petwell Customers


    So contracts are governed by the law of Guernsey, but these T&Cs do not affect your (UK?) statutory rights.

    I wonder how that works?

    Seems to mirror CRA, at least with regards to this:

    https://guernseylegalresources.gg/CHttpHandler.ashx?documentid=84806

    (Page 41)
    In the game of chess you can never let your adversary see your pieces
  • Okell
    Okell Posts: 2,975 Forumite
    1,000 Posts Second Anniversary Name Dropper
    angelican said:
    Okell said:
    Who is the seller?

    (Curious to read their T&Cs)

    Assuming this is a bona fide UK seller, what the_lunatic_is_in_my_head says is correct.  You are legally entitled to reject the goods and the seller must pay for their return.
    petwell.co.uk
    When were the goods delivered to you?  (Hopefully not more than 30 days ago.  A bit more tricky if over 30 days)

    Notwithstanding my earlier post about the law of Guernsey, you can quote this bit back to the seller from their own T&Cs:

    "Unless the product is faulty or not as described, you will be responsible for the cost of returning the products to us."

    (It's in the second para under the sub-heading "Other products" under the main heading "Returns" here: 
    Terms and Conditions: Clear Guidelines for Petwell Customers )

    What that means to me is if the product is faulty or not as described, then Petwell's own T&Cs say that Petwell will pay for the return.  If you ordered 20 x 6 products but only received 20, the product is both not as described and the wrong quantity.

    So under s25 (Delivery of wrong quantity) and s11 (Goods to be as described) of the 
    Consumer Rights Act 2015 you are entitled to reject the goods for a full refund and Petwell needs either to arrange collection of the goods, or to pay for their return.

    Go back to Petwell and talk to them again, pointing out what the Consumer Rights Act 2015 says about delivery of wrong quantity*.  (But don't mention anything about the law of Guernsey...)


    *On reflection the delivery of wrong quantity argument might be stronger and more relevant than not as described.  Suggest you try both
  • sheramber
    sheramber Posts: 23,046 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    I am not familiar with the costs for pet shampoos and the like.
    £7.40 for six bottle of shampoo is £1.23 per bottle.  I am certain I could buy shampoo for myself in the supermarket at that price.  I am equally certain I could buy shampoo for myself in the supermarket at £7.40 per bottle.
    It is not obvious to me that the prices constitute an obvious error.
    On that basis, I refer you to the answer given by @the_lunatic_is_in_my_head
    Bugalugs shampoos retail at £11.99
  • born_again
    born_again Posts: 21,165 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Which would make it a clear & obvious error 🤷‍♀️
    Surprised they did not just cancel the order due to that.
    Life in the slow lane
  • swingaloo
    swingaloo Posts: 3,585 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The First Aid Spray is almost £10 so its an obvious error. It was obviously a mistake on the sellers part but the OP must have known.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    swingaloo said:
    The First Aid Spray is almost £10 so its an obvious error. It was obviously a mistake on the sellers part but the OP must have known.
    Hence my question about the reason for the quantities purchased.  I wonder if OP was simply trying to exploit an obvious error for themselves (stocking up), or maybe purchasing with the intention of re-selling.
  • QrizB
    QrizB Posts: 19,489 Forumite
    10,000 Posts Fourth Anniversary Photogenic Name Dropper
    angelican said:
    Brie said:
    I'm confused.  That order shows about £50 worth of goods not £200.  So is that their order form that came with the goods, in which case they owe you £150?  I can't imagine that those products normally retail for about £1 -2 each.
    It's only a screenshot of part of the order
    Just so we're clear, you ordered one six-pack of each of twenty different products?
    N. Hampshire, he/him. Octopus Intelligent Go elec & Tracker gas / Vodafone BB / iD mobile. Ripple Kirk Hill member.
    2.72kWp PV facing SSW installed Jan 2012. 11 x 247w panels, 3.6kw inverter. 34 MWh generated, long-term average 2.6 Os.
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  • Grumpy_chap
    Grumpy_chap Posts: 18,647 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    QrizB said:
    Just so we're clear, you ordered one six-pack of each of twenty different products?
    Well, for absolute clarity, can the OP confirm it was actually one 6-pack of each of 20 different products at a price for each 6-pack that was at or less than the regular retail price for one of the respective product?
  • angelican
    angelican Posts: 74 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Oh gosh this is getting confusing. So imagine you bought a 6 pack of pens online and when they were delivered you only received 1 pen. The retailer says sorry we only sent you 1 pen and we are not going to refund you but here is 10% off your 1 pen. Is that acceptable? Should the retailer refund for the 5 pens you didn't receive?
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