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Comments

  • Okell
    Okell Posts: 3,133 Forumite
    1,000 Posts Second Anniversary Name Dropper
    pinkshoes said:
    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.
    Yes.  If the OP doesn't want to keep what she has received at a 10% reduction she needs to return the goods and to point out to the seller that this has originated from an error on their website and that before despatch they should have contacted her to ask whether she wanted to proceed or not at the correct price.

    The seller needs to fund the return because if they had contacted the OP when they (the seller) had first become aware of the error the OP would have said "I don't want anything at the correct price" and the seller would never have despatched the goods in the first place and the OP wouldn't be in this position.
  • Okell
    Okell Posts: 3,133 Forumite
    1,000 Posts Second Anniversary Name Dropper
    angelican said:

    ... They have offered a 10% refund and keep the products or return the items. There policy states £5 for returns and to be honest I'm going to struggle to get these to a parcel shop to return due to weight and no vehicle. I would not have purchased the items if I knew it was for just one item...
    If you don't want to keep the goods and accept their offer then your only legal right is to return them for a full refund*.  Because of the seller's error neither you nor they are bound by the contract, but they should pay for the return, not you.  This was their error.

    When buying anything online you should always consider how you are going to return items if anything goes wrong or you have a "change of mind".  If I were you I'd try to get them to arrange a collection by courier at their cost


    *I say this is your only legal right because I - and most other posters - think this a case of unilateral error and that there is no legally enforceable contract between you and the seller.  But maybe we are wrong.  the only way you would find out for sure would be to sue the seller.

    I doubt you have a case with Paypal for the same reasons as bove but again I'm not sure
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,619 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 5 October at 10:56AM

    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.

    If OP paid with their PP balance then yes no card involved. 

    From what I understand PP can be used as a basic payment gateway or someone can log into their PP account and fund the transaction with a card, PP offers seller protection for card chargebacks so it would seem sensible there is scenarios where a chargeback can be processed. :)  


    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.


    @born_again I don't think(!) that's what happened :) 

    OP order 20 lines at around £10 per line.

    Each line was a QTY of 6 so OP should have received 120 items for £200 but the QTY of 6 have been effectively substituted for QTY of 1 for OP has 20 items instead of 120. 

    At least that was my reading of it! 
    In the game of chess you can never let your adversary see your pieces
  • You can file an "item significantly not as described" dispute via PayPal under buyer protection. However, as far as I know, they cannot force the seller to supply the goods and will not force a partial refund. They may force the seller to accept the return and foot the return costs, which is the legal requirement for what's happened here.
    It's an obvious error, but it's not your fault, so while you can't insist on receiving the goods you absolutely can and should insist that the cost of the return is paid by the seller.

    You can do a chargeback if you pay with a credit card through PayPal, but you can only do a chargeback OR a PayPal claim - not both. 

    If I were you OP, I'd send them a letter before action informing them to arrange the return and prompt refund within the next two weeks or you'll be taking further action. 

    It's not smart of the seller to do it this way though, someone must have known they'd have an unhappy customer on the end of it - far better to get that out of the way with a quick phonecall or email than to have to deal with a return after the fact.
  • powerful_Rogue
    powerful_Rogue Posts: 8,490 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You can file an "item significantly not as described" dispute via PayPal under buyer protection. However, as far as I know, they cannot force the seller to supply the goods and will not force a partial refund. They may force the seller to accept the return and foot the return costs, which is the legal requirement for what's happened here.
    It's an obvious error, but it's not your fault, so while you can't insist on receiving the goods you absolutely can and should insist that the cost of the return is paid by the seller.

    You can do a chargeback if you pay with a credit card through PayPal, but you can only do a chargeback OR a PayPal claim - not both. 

    If I were you OP, I'd send them a letter before action informing them to arrange the return and prompt refund within the next two weeks or you'll be taking further action. 

    It's not smart of the seller to do it this way though, someone must have known they'd have an unhappy customer on the end of it - far better to get that out of the way with a quick phonecall or email than to have to deal with a return after the fact.
    Why on earth should the OP do that when the company have already offered a return/refund?
    They have offered a 10% refund and keep the products or return the items.


  • Ergates
    Ergates Posts: 3,212 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    angelican said:
    They have offered a 10% refund and keep the products or return the items. There policy states £5 for returns and to be honest I'm going to struggle to get these to a parcel shop to return due to weight and no vehicle. I would not have purchased the items if I knew it was for just one item.

    They've acknowledged it was a pricing error on their part, which means they will be responsible for the cost of return.   Speak to customer services and explain that due to the size and weight of the parcel, you cannot get the goods to a parcel shop and that they'll have to arrange for collection.


  • swingaloo
    swingaloo Posts: 3,638 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Presumably you have tried these items before so why not accept the 10% and keep them to use. You are still getting them cheap, or was the plan to sell them on?
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