Wrong quantity delivered.

Ayr_Rage

angelican said:

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?

Not if there was an obvious pricing error.

Okell

What the retailer is almost certainly saying is that this is a case of "unilateral mistake".

ie one party in the transaction - the retailer - made a pricing error on their website advertising 6 packs at the price of a single unit.  It's implied in that argument that you should have realised it was a pricing error and that you have tried to benfit from the seller's "obvious" error and have tried to take unfair advantage of the mistake.

For the moment ignore whether you actually realised it was an error and whether you were deliberately taking advantage of it.  What matters is whether a court would consider it reasonable that you should have realised it was an obvious error.

Now I don't have a pet and am not in the habit of buying these products, but I assume you do and are.  You are in a much better position than I am to conclude whether or not this was an obvious pricng error by the seller.  Some other posters have already commented on this.

If this is a case of "unilateral error", then the seller cannot be bound by it, and you might want to consider their offer to keep the products you have recived and get a 10% price reduction.

If you aren't happy with that your alternative course is to reject the goods for a full refund on the grounds given in previous posts.  ie not as described or delivered fewer items then were ordered.  You may have to argue with the seller that before they accepted your order they should realised there was a pricing error and contacted you to see if you still wanted to proceed - but at the correct price, not the wrong one.  Because they didn't give you that opportunity they should be responsible for paying for the goods to be returned.

You can try arguing that because they only delivered 1/6th of what you (mistakenly) thought you were buying then they should refund 5/6ths of whet you paid, but I doubt they'll accept that argument

Grumpy_chap

angelican said:

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?

You are proving particularly adept at avoiding answering the questions that are being asked in the thread.  That might indicate that you really know the correct thing to do here.

Anyway, I have looked at the first three items you listed from your purchase upthread:

• Flaxseed Oil, RRP £11.99 (for 1 off), you paid £10.02 (for 6 off ?)
• Mango & Banana Shampoo, RRP £11.99 (for 1 off), you paid £7.40 (for 6 off ?)
• Tear Stain Eye Wipes, RRP £11.99 (for 1 off), you paid £8.93 (for 6 off ?)

I have not continued down the further items in your list as I have no expectation that the outcome would show anything variant to a repeat of the above.

The prices you paid seem plausible, albeit discounted, for 1 off each item.
The prices you paid seem to be an obvious pricing error and, hence, unilateral mistake.  Both concepts that have been readily referenced further upthread by multiple contributors.

You already have a discount from RRP and you are being offered a further 10% discount.  Maybe it is sometimes appropriate to realise a good deal and bite their arm off for it.

Are you able to put forward a sound reasoning why any reasonable person would not interpret the prices for 6 off as obvious pricing error and unilateral mistake?

For reference, the sources for the RRPs I have quoted are at the following links:
https://bugalugspetcare.com/products/flaxseed-oil
https://bugalugspetcare.com/products/mango-banana-dog-shampoo
https://bugalugspetcare.com/products/eye-wipes

the_lunatic_is_in_my_head

Okell said:

If this is a case of "unilateral error", then the seller cannot be bound by it, and you might want to consider their offer to keep the products you have recived and get a 10% price reduction.

If you aren't happy with that your alternative course is to reject the goods for a full refund on the grounds given in previous posts.  ie not as described or delivered fewer items then were ordered.  

If the retailer wants to stick with mistake, in accordance with Guernsey's laws if they even have the same principle as E&W, I'd imagine that would work both ways.
 
Question for @born_again out of curiosity, any chargeback on part delivered orders?  

Grumpy_chap

the_lunatic_is_in_my_head said:

if they even have the same principle as E&W, I'd imagine that would work both ways.
 
any chargeback on part delivered orders?  

I'm sure I am being dumb, but what does "E&W" stand for please?

The OP said they paid by PayPal (which I took to mean from their PP account, not CC transaction processed by PP).  If that is correct, I understand that there is no CC available.  (PP have their own appeals process?)
Obviously, if the OP paid by CC and it was simply processed via PP, then chargeback may be an option if available.

Okell

Grumpy_chap said:

the_lunatic_is_in_my_head said:

if they even have the same principle as E&W, I'd imagine that would work both ways.
 
any chargeback on part delivered orders?  

I'm sure I am being dumb, but what does "E&W" stand for please?...

England and Wales.  The trader's T&Cs say the contract is subject to the law of Guernsey

Okell

the_lunatic_is_in_my_head said:

Okell said:

If this is a case of "unilateral error", then the seller cannot be bound by it, and you might want to consider their offer to keep the products you have recived and get a 10% price reduction.

If you aren't happy with that your alternative course is to reject the goods for a full refund on the grounds given in previous posts.  ie not as described or delivered fewer items then were ordered.  

If the retailer wants to stick with mistake, in accordance with Guernsey's laws if they even have the same principle as E&W, I'd imagine that would work both ways...

Good point.

I don't know if Guernsey recognises the common law concept of mistake in contract law.  I'm not even sure if they are a common law system.

Also I'm not sure what you mean by it working both ways...?

pinkshoes

angelican said:

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?

It's not confusing.

The dog flaxseed oil is expensive so quite clearly this is a pricing error. 

The retailer is offering you a return so just return them. Ask them to send a pre-paid return.

But... the quantities you have bought would not be for individual use as thats a ridiculous amount if you were expecting six of each so this implies you are a business. In which case consumer rights don't apply so it will depend on any T&Cs you agreed to.

the_lunatic_is_in_my_head

Okell said:

Also I'm not sure what you mean by it working both ways...?

Sorry what I meant was, (in E&W at least) if it were a mistake and the contract is void the consumer wouldn't need to reject as there is no contract. 

So if a company wanted to claim a mistake they can't offer a discount or expect the consumer to do anything, other than have their money back and see the goods restored (involuntary bailee?) 

Should Guernsey have something in their law to void a contract due to a mistake it would seem very odd to free one party but not the other. 

born_again

the_lunatic_is_in_my_head said:

Okell said:

If this is a case of "unilateral error", then the seller cannot be bound by it, and you might want to consider their offer to keep the products you have recived and get a 10% price reduction.

If you aren't happy with that your alternative course is to reject the goods for a full refund on the grounds given in previous posts.  ie not as described or delivered fewer items then were ordered.  

If the retailer wants to stick with mistake, in accordance with Guernsey's laws if they even have the same principle as E&W, I'd imagine that would work both ways.
 
Question for @born_again out of curiosity, any chargeback on part delivered orders?  

Yes there is a chargeback right for part delivered orders. BUT...

From my understanding OP has received what they ordered.

Only issue is that company have realised they made a error in the pricing/amount. So rather than cancelling the order (as they can do) they have simply sent the OP what the number they ordered at the correct price.

So rather than 6 pack @ £10.02
they sent  
6 @ £10.02 per item = £60.12

Quite a crafty move on their part 😜

So no chargeback right in this case.