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    • riceraider
    • By riceraider 19th May 17, 8:14 PM
    • 28Posts
    • 1Thanks
    Retailer missold - Rights?
    • #1
    • 19th May 17, 8:14 PM
    Retailer missold - Rights? 19th May 17 at 8:14 PM

    We have a water feature that was purchased via a given garden retailer. However, a few years in and I was looking to obtain some spare parts via the same retailer.
    I.e. Transformer, replacement cabling, led lights, water pump.

    Long story short, I had been in touch via email to query the required spares and prices.
    But in the end I had to phone them to finalise and confirm all the parts that I required and corresponding price. The retailer confirmed everything I wanted and I even ask that the check that all replacement cabling would be supplied.

    On delivery, it transpires that the package did not include certain items as per agreed. So in my mind missing parts. These being the required cabling that I specifically ask they confirm was supplied.

    I have emailed on the missing parts, but no official response on this matter. Having waited a day, I phone to advise upon the situation. After several hours, they came back to say they messed up and had misadvised me on the sale of items, as certain cabling may not be included.

    They had claimed to advise the parts cannot be ordered. But eventually agreed to looking at possibly obtaining the missing parts from another water feature package. But no guarantees on what the outcome will be, as I'm still waiting for them to get back.

    I know I'll be within rights to cancel and get a refund. As there was a contract on what goods were described as being supplied at the agreed price before I went ahead. What rights would I have on this one?
    Does the retailer have to provide the missing items on their own cost, despite their mistake?

    I do feel they are not responding very efficiently to this issue i.e. No email response, no callbacks on this since chasing them for an official answer on resolution.
    Baring in mind they have already charged my card about 2 weeks ago and is on my account.
Page 1
    • IAmWales
    • By IAmWales 19th May 17, 8:23 PM
    • 1,860 Posts
    • 3,925 Thanks
    • #2
    • 19th May 17, 8:23 PM
    • #2
    • 19th May 17, 8:23 PM
    Do you have any confirmation of what you ordered in writing? If not you're not going to get far if you wanted ti pursue it legally, it would be your word against theirs.

    They may offer you a goodwill gesture/ discount if they can supply the items.

    You need to give them reasonable chance to respond, you are not their only customer.
    • riceraider
    • By riceraider 19th May 17, 8:42 PM
    • 28 Posts
    • 1 Thanks
    • #3
    • 19th May 17, 8:42 PM
    • #3
    • 19th May 17, 8:42 PM
    i have emails on the query of the parts initially. However their descriptions did not spell out if it included certain items. Having replied to confirm on things, they ask that I phone in as it had to be a manual phone order for spares.
    So when I called I made sure what I was quote was inclusive of the relevant items I needed. Thereafter agreed to go ahead with the order.
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