Consumer advice please - UK

[topoxforddoc]

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A few words of advice from UK friends might be helpful. I have ordered a set of portable Elinchrom Quadra RX strobes with the new Li-Ion battery pack and Action Heads. I was specific on the phone with a leading, award winning UK photo dealer (not a Leica dealer) that I wanted this particular set (as they do action/standard heads & Li-ion/Lead-gel batteries). I got this in writing and paid in full for the goods. Then I received the wrong goods (Lead-gel battery set) and contacted the dealer within 24 hours, having not opened the goods.

 

After two weeks, they now have the correct set in stock, but want me to pay more money, as the Li-ion set is more expensive. I have paid for the goods in full and entered into a legally binding contract, but they are insisting that I pay more. I bought from them, as they had a heavy discount and now they are refusing to honour the contract. I still have the unopened incorrect set. Their terms and conditions state that they have a right to vary the price until the goods are paid for in full, but once the goods are paid for in full with cleared funds, there is a legally binding contract.

 

Please see section 8.1 of their T&Cs

 

Terms And Conditions - Park Cameras Online

 

I would be very grateful for any advice.

 

Charlie

[greyelm]

I'm not a lawyer so my comments are just my take on the situation. I understand that the sale of goods act requires items to be as described, otherwise the seller is in breach of contract. If your invoice describes the batteries as Li-ion then you have a case against them, the price you paid is for the items listed on the invoice. I would contact trading standards in the area of the seller, they can be a powerful ally.

 

 

Sale of Goods Act - Which?

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[250swb]

I would have thought that if they've gone as far as issuing an invoice for the correct goods at the price agreed they've already had their opportunity to revise any incorrectly published price either on the web site or in discussions with them. If the web price was the same as the discussed price they've had two opportunities to rectify any mistake. Probably the 'new' stock came in at a higher price than their old lower priced stock, and they are trying to pass this on to you. But the consumer should not be put at a disadvantage by the actions of the retailer, which is what they are trying to do.

 

I think asking to speak to the company MD may be a good course of action, but I suspect they'd just offer to give your money back because they will argue the case for a genuine mistake till the cows come home. I think it is important to send the goods back so there is no confusion about who has what and who is disadvantaged.

 

Steve

[M9reno]

I agree, send what you have back, with proof of receipt. If they still won't deliver what you ordered, then request your money back or pursue it with your credit card.

[jouhar]

I take a different view. Assuming you have paid by credit card, I would stop the payment, and advise the seller that the goods are NOT what you ordered, they have not been opened and they are very welcome to send someone to your house at a convenient time to collect the goods.

 

Make it THEIR problem, not YOURS.

 

I hope it all works out for you.

[topoxforddoc]

Thank you all for your help. I have also spoken to the citizens advice bureau. The price from this store was the cheapest and I will pay about £150 more elsewhere. So I would like to buy at this price if possible. But it makes me want to take my money elsewhere.

[honcho]

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......But it makes me want to take my money elsewhere.

 

You have a choice, then. With respect, I would keep this in perspective. Forget consumer law and the Sale of Goods Act.

 

I assume £150 isn't going to leave you destitute so put your principles aside and take your business elsewhere. It would be worth £150 to me for the satisfaction of cancelling the order and not paying them a penny.

[bill]

Under distance selling regulations you have discharged your obligation to them. You have rejected the goods within seven days of receipt. It is up to them to arrange return, or to ask you to return.

 

If your original invoice states the correct item and you have been supplied an incorrect item the fault is theirs. If they priced incorrectly, however, they may have covered themselves with the letters "e&oe" or the phrase "errors and omissions excepted". When you say "....I got this in writing..." check for one or the other. That entitles them to vary the price PRIOR to supply - it covers cock-ups in advertising, of the sort where a zero is left off, not for where they have done what they appear to have done.

 

Personally I would tell them they can collect the goods at their convenience - that discharges your obligation to them. I would dispute the transaction with your credit card issuer - at minimum they will put a hold on the cash for up to 90 days - and I would take my business elsewhere.

[earleygallery]

I'm surprised that Park Cameras are being difficult.

 

To clarify a few points please;

 

Did they charge you the 'correct' price to begin with, or was it that they made an error and quoted you for the product you've actually received?

 

Does your receipt show the goods received or the goods you expected to receive?

[topoxforddoc]

I'm surprised that Park Cameras are being difficult.

 

To clarify a few points please;

 

Did they charge you the 'correct' price to begin with, or was it that they made an error and quoted you for the product you've actually received?

 

Does your receipt show the goods received or the goods you expected to receive?

 

Hi James,

 

I was specific about what I wanted on the phone at the time of ordering, explaining that I wanted the li-ion battery set with 2x A heads. I even quoted the manufacturers part number. The invoice does not include the Manufacturers part number, but only a stock code specific to the shop. The invoice says that it was a 2 head action kit, but does not specify the battery type. Hence I could not have been warned by the invoice, as it did not contain enough detail.

 

They have informed me that they have itemised and ordered the wrong kit (the lead gel battery kit with A heads) on the invoice. But I have explained that I could not have been aware of this, as their website (at that time, but now corrected following this episode) and the invoice did not contain the information, which would enable me to see their error.

 

I tried to anticipate such a problem error, as Elinchrom make 4 similar sets (depending on battery and head type) - hence my very specific information when I phoned to make the order. I am not blaming any individual there

 

Hope that helps. Thanks

 

Charlie

[earleygallery]

Hi Charlie,

 

I'm certainly not an expert so you're probably best off speaking to Citizens Advice (if you can manage to, they seem almost impossible to access these days!).

 

It sounds like someone at Park Cameras made a mistake and quoted you for/sent you the wrong items.

 

In this case I expect they are only bound to accept the goods back and refund you - I don't think they can be forced to supply the goods you wanted, but at the lower price.

 

As I say, that's my limited knowledge/understanding of the matter but you really need proper advice if you're going to take this further. I agree with the advice above that - assuming you paid by credit card - report this to the card issuer as you also have recourse against them.

 

I've dealt with Park Cameras a few times and they've always been very helpful, including when I had to return a faulty s/h item and they refunded me immediately.

Edited March 13, 2014 by earleygallery

[wattsy]

In this case I expect they are only bound to accept the goods back and refund you - I don't think they can be forced to supply the goods you wanted, but at the lower price.

 

From the CAB's own website in the section on mispriced goods bought via mail-order (my emphasis):

 

If the trader insists you buy at the higher price

 

If the trader does not let you cancel the order or insists you have to buy the items at the higher price, you will need to find out whether you have a contract or not. If you do have a contract, the trader would normally have to sell the goods or services at the agreed price, based on what was advertised.

 

If you have a contract and you think the pricing error wasn’t an obvious mistake, you should write to the trader, asking them to let you buy at the original price.

 

If the trader does not agree with you, you could take further action.

 

Personally, I think it's one of those situations where the amount of money involved doesn't warrant wasting too much time. Probably better to get your money back and move on using another supplier (maybe a non-box shifting outfit such as The Flash Centre).

[earleygallery]

There is a difference here though in that Charlie apparently ordered the goods over the phone and was supplied with the 'wrong' items. Park Cameras aren't trying to charge more for what they have supplied.

 

The advice referred to is where the retailer tries to charge more for something as advertised at the point of purchase/post purchase.

 

The goods Charlie has weren't mispriced, rather he was quoted for the wrong items, that's my interpretation anyway.

 

From the CAB's own website in the section on mispriced goods bought via mail-order (my emphasis):

 

 

 

Personally, I think it's one of those situations where the amount of money involved doesn't warrant wasting too much time. Probably better to get your money back and move on using another supplier (maybe a non-box shifting outfit such as The Flash Centre).

[wattsy]

Park Cameras aren't trying to charge more for what they have supplied.

 

Park Cameras are apparently trying to charge more for goods which they have entered a contract to supply. That they have sent the wrong goods is immaterial.

[earleygallery]

Park Cameras are apparently trying to charge more for goods which they have entered a contract to supply. That they have sent the wrong goods is immaterial.

 

Well, to be fair, we don't know if the contract was for the goods they supplied or the goods Charlie wanted. Park don't seem to think there was, Charlie does. That's what he'd have to establish, probably through legal action, should he wish to.

Edited March 13, 2014 by earleygallery

[wattsy]

Yes, agreed although Charlie does state in his opening post that he

was specific on the phone… that I wanted this particular set (as they do action/standard heads & Li-ion/Lead-gel batteries). I got this in writing and paid in full for the goods.

 

I'm no doubt naive but I'm surprised that the dealer is acting in the manner reported over a £150 difference in retail price, a difference that would probably be largely or completely absorbed by the margins involved in this particular sale. Whatever happens, Charlie's thread has served a useful purpose in that it places a large question mark over whether I would wish to buy anything from them.

Edited March 13, 2014 by wattsy

[earleygallery]

Ian that was the point I asked Charlie to clarify, what did they put in writing.

 

"The invoice does not include the Manufacturers part number, but only a stock code specific to the shop. The invoice says that it was a 2 head action kit, but does not specify the battery type. Hence I could not have been warned by the invoice, as it did not contain enough detail".

 

Unfortunately the ambiguity of the contract here probably won't favour Charlie.

[wattsy]

I'd assumed that the confirmation "in writing" was separate from the invoice. All in all, it does look like a situation where Charlie may well be in the right but the sanest course of action is to walk away from the deal completely.

[earleygallery]

I'd assumed that the confirmation "in writing" was separate from the invoice. All in all, it does look like a situation where Charlie may well be in the right but the sanest course of action is to walk away from the deal completely.

 

I agree. Disappointing service for a well known/established dealer in any case.

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[pgk]

I'm no doubt naive but I'm surprised that the dealer is acting in the manner reported over a £150 difference in retail price, a difference that would probably be largely or completely absorbed by the margins involved in this particular sale.

Perhaps I'm being naive too, but if a price seems too good to be true (£150 less than anywhere else), then it probably is. Margins are tight these days (and have been for a long time in photographic retail). Selling items at marginal profits or even at an effective operating loss (for the sale of a specific item) is not what anyone wants to do and whilst enforcing a sale may be in a consumers immediate interest, may not be in the long term interest.

 

Whilst I sympathise with Charlie, I would say that (in my actual experience) there is usually a good reason for a bargain priced well below any identical item from elsewhere - in this case it looks like a genuine, if avoidable, mistake from what I've read. Personally I'd either request a refund and pick up of the equipment or perhaps even try negotiating a compromise price acceptable to both, which the shop might well be prepared to do as it will cost them to pick the equipment up.