Distance selling - late discovery of wrong item sent
Discussion
Hi folks,
I've got a distance selling question here, but one I can't find a specific answer for via my googling, so I'm looking for some advice.
Full story -
I ordered, via phone, some block paving from a national supplier. I asked for paving block called Argent in colour Light.
When it was delivered, the paving block were Argent Pirora in colour light. This was the same that's on the confirmation email of the order, but at the time I did not notice it. I did not know there were two types of this paving, the regular Argent and the Agent Pirora (which are a different shape).
My pavers (working labour only) open the pallet of Argent Pirora and start laying them. As it's edging paving, it's concreted in. They then open up the Argent pavers in a different colour, the difference in shape of pavers is noticed at this point.
I contact the supplier, who first claimed I ordered the wrong thing - which I don't believe I could have as I didn't not know the existence of the other product. When I asked them to listen to the recording of the call, they've then advised that they don't accept returns of partial pallets but would waive the delivery fee £95 if I ordered the right pavers (which will cost me a further £550) and I'm left with 2/3rds of a pallet of the incorrect shaped pavers.
I'm annoyed at myself for not checking the order properly, but to be honest I wouldn't have known that Pirora were a different shape/type of block anyway. The main issue (imo) is the person at the supplier who's not ordered the correct product for me.
It's not the end of the world that some of the blocks are wrong, it just means some gaps around the edges, but ultimately I'd prefer to finish the driveway with the correct blocks and don't feel I should have to pick up the full costs of the supplier's mistake.
I don't mind paying for the blocks that have been used in error, but equally, I don't want to have to fork out another £550 quid for their error and end up with a pallet of mixed pavers which I then need to dispose of.
Anyone know where I stand here in terms of distance regulations as some of the goods have been used and are not returnable?
Thank you
TL:DR - Phone order, wrong item sent, only discovered wrong item after packing opened and some of the contents (paving blocks) used, seller refusing return/replacement of part item. Seller wants another £550 (full cost) to send out correct pavers and wont't accept a return of wrong item.
I've got a distance selling question here, but one I can't find a specific answer for via my googling, so I'm looking for some advice.
Full story -
I ordered, via phone, some block paving from a national supplier. I asked for paving block called Argent in colour Light.
When it was delivered, the paving block were Argent Pirora in colour light. This was the same that's on the confirmation email of the order, but at the time I did not notice it. I did not know there were two types of this paving, the regular Argent and the Agent Pirora (which are a different shape).
My pavers (working labour only) open the pallet of Argent Pirora and start laying them. As it's edging paving, it's concreted in. They then open up the Argent pavers in a different colour, the difference in shape of pavers is noticed at this point.
I contact the supplier, who first claimed I ordered the wrong thing - which I don't believe I could have as I didn't not know the existence of the other product. When I asked them to listen to the recording of the call, they've then advised that they don't accept returns of partial pallets but would waive the delivery fee £95 if I ordered the right pavers (which will cost me a further £550) and I'm left with 2/3rds of a pallet of the incorrect shaped pavers.
I'm annoyed at myself for not checking the order properly, but to be honest I wouldn't have known that Pirora were a different shape/type of block anyway. The main issue (imo) is the person at the supplier who's not ordered the correct product for me.
It's not the end of the world that some of the blocks are wrong, it just means some gaps around the edges, but ultimately I'd prefer to finish the driveway with the correct blocks and don't feel I should have to pick up the full costs of the supplier's mistake.
I don't mind paying for the blocks that have been used in error, but equally, I don't want to have to fork out another £550 quid for their error and end up with a pallet of mixed pavers which I then need to dispose of.
Anyone know where I stand here in terms of distance regulations as some of the goods have been used and are not returnable?
Thank you
TL:DR - Phone order, wrong item sent, only discovered wrong item after packing opened and some of the contents (paving blocks) used, seller refusing return/replacement of part item. Seller wants another £550 (full cost) to send out correct pavers and wont't accept a return of wrong item.
porterpainter said:
Hi folks,
I've got a distance selling question here, but one I can't find a specific answer for via my googling, so I'm looking for some advice.
Full story -
I ordered, via phone, some block paving from a national supplier. I asked for paving block called Argent in colour Light.
When it was delivered, the paving block were Argent Pirora in colour light. This was the same that's on the confirmation email of the order, but at the time I did not notice it. I did not know there were two types of this paving, the regular Argent and the Agent Pirora (which are a different shape).
My pavers (working labour only) open the pallet of Argent Pirora and start laying them. As it's edging paving, it's concreted in. They then open up the Argent pavers in a different colour, the difference in shape of pavers is noticed at this point.
I contact the supplier, who first claimed I ordered the wrong thing - which I don't believe I could have as I didn't not know the existence of the other product. When I asked them to listen to the recording of the call, they've then advised that they don't accept returns of partial pallets but would waive the delivery fee £95 if I ordered the right pavers (which will cost me a further £550) and I'm left with 2/3rds of a pallet of the incorrect shaped pavers.
I'm annoyed at myself for not checking the order properly, but to be honest I wouldn't have known that Pirora were a different shape/type of block anyway. The main issue (imo) is the person at the supplier who's not ordered the correct product for me.
It's not the end of the world that some of the blocks are wrong, it just means some gaps around the edges, but ultimately I'd prefer to finish the driveway with the correct blocks and don't feel I should have to pick up the full costs of the supplier's mistake.
I don't mind paying for the blocks that have been used in error, but equally, I don't want to have to fork out another £550 quid for their error and end up with a pallet of mixed pavers which I then need to dispose of.
Anyone know where I stand here in terms of distance regulations as some of the goods have been used and are not returnable?
Thank you
TL:DR - Phone order, wrong item sent, only discovered wrong item after packing opened and some of the contents (paving blocks) used, seller refusing return/replacement of part item. Seller wants another £550 (full cost) to send out correct pavers and wont't accept a return of wrong item.
Where you sayI've got a distance selling question here, but one I can't find a specific answer for via my googling, so I'm looking for some advice.
Full story -
I ordered, via phone, some block paving from a national supplier. I asked for paving block called Argent in colour Light.
When it was delivered, the paving block were Argent Pirora in colour light. This was the same that's on the confirmation email of the order, but at the time I did not notice it. I did not know there were two types of this paving, the regular Argent and the Agent Pirora (which are a different shape).
My pavers (working labour only) open the pallet of Argent Pirora and start laying them. As it's edging paving, it's concreted in. They then open up the Argent pavers in a different colour, the difference in shape of pavers is noticed at this point.
I contact the supplier, who first claimed I ordered the wrong thing - which I don't believe I could have as I didn't not know the existence of the other product. When I asked them to listen to the recording of the call, they've then advised that they don't accept returns of partial pallets but would waive the delivery fee £95 if I ordered the right pavers (which will cost me a further £550) and I'm left with 2/3rds of a pallet of the incorrect shaped pavers.
I'm annoyed at myself for not checking the order properly, but to be honest I wouldn't have known that Pirora were a different shape/type of block anyway. The main issue (imo) is the person at the supplier who's not ordered the correct product for me.
It's not the end of the world that some of the blocks are wrong, it just means some gaps around the edges, but ultimately I'd prefer to finish the driveway with the correct blocks and don't feel I should have to pick up the full costs of the supplier's mistake.
I don't mind paying for the blocks that have been used in error, but equally, I don't want to have to fork out another £550 quid for their error and end up with a pallet of mixed pavers which I then need to dispose of.
Anyone know where I stand here in terms of distance regulations as some of the goods have been used and are not returnable?
Thank you
TL:DR - Phone order, wrong item sent, only discovered wrong item after packing opened and some of the contents (paving blocks) used, seller refusing return/replacement of part item. Seller wants another £550 (full cost) to send out correct pavers and wont't accept a return of wrong item.
"My pavers (working labour only) open the pallet of Argent Pirora and start laying them. As it's edging paving, it's concreted in. They then open up the Argent pavers in a different colour, the difference in shape of pavers is noticed at this point."
Does this mean they sent you a mixed batch of pallets? So one of the correct Argent, and one of the incorrect Argent Pirora?
Or was the correct pallet ordered previously?
InitialDave said:
Where you say
"My pavers (working labour only) open the pallet of Argent Pirora and start laying them. As it's edging paving, it's concreted in. They then open up the Argent pavers in a different colour, the difference in shape of pavers is noticed at this point."
Does this mean they sent you a mixed batch of pallets? So one of the correct Argent, and one of the incorrect Argent Pirora?
Or was the correct pallet ordered previously?
Different orders for the two."My pavers (working labour only) open the pallet of Argent Pirora and start laying them. As it's edging paving, it's concreted in. They then open up the Argent pavers in a different colour, the difference in shape of pavers is noticed at this point."
Does this mean they sent you a mixed batch of pallets? So one of the correct Argent, and one of the incorrect Argent Pirora?
Or was the correct pallet ordered previously?
The phone order covered the Agent Priora, edging kerbs and other items because I could not order all the items online (their website said to phone).
The correct Argent pavers order was a separate internet order from the same supplier via their eBay shop as they had a deal on.
Canon_Fodder said:
OP you made a significant mistake yourself when you failed to spot the mistake / misunderstanding on the confirmation email.
For that reason IMV you won't get more than you've been offered my the supplier
Thanks for your input. Do you have any laws, regulations, precedent(s) that support your view, or is it just your take on it?For that reason IMV you won't get more than you've been offered my the supplier
The suppliers T&Cs don't have any reference to my responsibility to check their order/invoice.
porterpainter said:
Thanks for your input. Do you have any laws, regulations, precedent(s) that support your view, or is it just your take on it?
The suppliers T&Cs don't have any reference to my responsibility to check their order/invoice.
In situations like this there are no hard and fast rights and wrongs. Should the matter get into court (God forbid) then the legal principle involved would likely be that of reasonableness.The suppliers T&Cs don't have any reference to my responsibility to check their order/invoice.
OP I'm not 100% clear - has the supplier admitted to a mistake? Were phone records of your verbal order accessible?
Canon_Fodder said:
In situations like this there are no hard and fast rights and wrongs. Should the matter get into court (God forbid) then the legal principle involved would likely be that of reasonableness.
OP I'm not 100% clear - has the supplier admitted to a mistake? Were phone records of your verbal order accessible?
I’ve asked for the recording for my on benefit/sanity, but they have told me they only keep them for 14 days.OP I'm not 100% clear - has the supplier admitted to a mistake? Were phone records of your verbal order accessible?
I ordered 11 pallets of the correct Argent dark pavers via the internet. There’s zero chance or benefit for me ordering the other type of pavers for a single pallet over the phone. Like I mentioned previously, I didn’t even know the other type existed at the time.
mmm-five said:
Yellow Lizud said:
Why did the pavers not order the paving slabs themselves and do the full job?.
Probably because they wanted to charge 2-3x more for the same slabs to increase their margin?mmm-five said:
Yellow Lizud said:
Why did the pavers not order the paving slabs themselves and do the full job?.
Probably because they wanted to charge 2-3x more for the same slabs to increase their margin?I've ordered goods and the labour separately loads of times as it's usually much cheaper. Once or twice I've come a cropper when I've ordered the wrong thing and on each time I've not had much joy with getting a refund as mine have been online orders where it's clear to see I've ordered the wrong thing. With the OP there's only a telephone call which goes against them as the supplier will just say you ordered the slabs that were delivered.
Sorry OP I don't think you'll get anything back from either supplier or fitter. How bad are the 'wrong' tiles compared to what you were expecting?
mmm-five said:
Yellow Lizud said:
Why did the pavers not order the paving slabs themselves and do the full job?.
Probably because they wanted to charge 2-3x more for the same slabs to increase their margin?And even if it does go pear shaped there is only one company involved and you don't get everyone blaming everybody else.
If they order the wrong stuff then they have to sort it out.
I guess it's all a balancing act between how much money you can save compared to any potential hassle or cost that may occur if things go wrong.
OP I don't think is really a DSR matter as this isn't a 'change of mind' return, the issue is that you have been sent the wrong item.
Unfortunately a) you can't prove what you ordered b) you failed to spot the error on the confirmation email and c) you also failed to spot it when you opened the packaging and started laying the blocks.
I can see your frustration but It's hard to see a way forward for you other than moving on and chalking it up to experience
Unfortunately a) you can't prove what you ordered b) you failed to spot the error on the confirmation email and c) you also failed to spot it when you opened the packaging and started laying the blocks.
I can see your frustration but It's hard to see a way forward for you other than moving on and chalking it up to experience
You ordered by saying please can I have X on the phone.
Operator at their end typed Y into the computer for you and sent you an email confirming you've ordered Y.
You received product Y and later discovered it was Y and not X
Can't really see how this is the companies fault, they confirmed what they believed you ordered and you checked delivered goods.
In all good faith they've done everything they can to ensure you received what you asked for.
I can however, understand why you're upset.
I had a similar thing once insuring a Renault Megane Grand Scenic, the operator said £x for the Scenic and I said yes.
Checked policy had the right reg and all was well!
Car was wrongly recorded as a Scenic, not a Grand Scenic, my problem as I didn't read the paperwork.
I don't think the supplier has done anything intentionally wrong.
Operator at their end typed Y into the computer for you and sent you an email confirming you've ordered Y.
You received product Y and later discovered it was Y and not X
Can't really see how this is the companies fault, they confirmed what they believed you ordered and you checked delivered goods.
In all good faith they've done everything they can to ensure you received what you asked for.
I can however, understand why you're upset.
I had a similar thing once insuring a Renault Megane Grand Scenic, the operator said £x for the Scenic and I said yes.
Checked policy had the right reg and all was well!
Car was wrongly recorded as a Scenic, not a Grand Scenic, my problem as I didn't read the paperwork.
I don't think the supplier has done anything intentionally wrong.
dundarach said:
You ordered by saying please can I have X ....
Operator at their end typed Y into the computer...
You received product Y....
Can't really see how this is the companies fault.... .
Err, I'd probably disagree with that.Operator at their end typed Y into the computer...
You received product Y....
Can't really see how this is the companies fault.... .
However, given the time and hassle factor of trying to convince the company they've made a mistake then I think it's an unfortunate suck-it-up and make the best of it situation.
Thanks for the feedback guys.
Sounds so far like there’s no precedent for this.
I didn’t order the wrong thing. They took the order wrong and with a marginal difference in the name that’s hard to spot.
It’s like ordering Gin and Tonic at the bar and getting a gin and lemonade. Some people will just drink it, other people will take a sip and realise it’s wrong and ask for it to be changed. I fall into the second group.
As for getting someone to do the whole job as to not have this problem…that would have cost way more than the £550 at stake here…and I wouldn’t have got to play with a mini digger
Sounds so far like there’s no precedent for this.
I didn’t order the wrong thing. They took the order wrong and with a marginal difference in the name that’s hard to spot.
It’s like ordering Gin and Tonic at the bar and getting a gin and lemonade. Some people will just drink it, other people will take a sip and realise it’s wrong and ask for it to be changed. I fall into the second group.
As for getting someone to do the whole job as to not have this problem…that would have cost way more than the £550 at stake here…and I wouldn’t have got to play with a mini digger
porterpainter said:
It’s like ordering Gin and Tonic at the bar and getting a gin and lemonade. Some people will just drink it, other people will take a sip and realise it’s wrong and ask for it to be changed. I fall into the second group.
With respect to your analogy OP, you've left the bit out where the barmen says 'Here's your gin & lemonade Sir'. Canon_Fodder said:
With respect to your analogy OP, you've left the bit out where the barmen says 'Here's your gin & lemonade Sir'.
More like, when you get back to the bar with the wrong drink the barman claiming that you ordered a gin and lemonade and you should have checked your receipt 
porterpainter said:
Thanks for the feedback guys.
Sounds so far like there’s no precedent for this.
I didn’t order the wrong thing. They took the order wrong and with a marginal difference in the name that’s hard to spot.
It’s like ordering Gin and Tonic at the bar and getting a gin and lemonade. Some people will just drink it, other people will take a sip and realise it’s wrong and ask for it to be changed. I fall into the second group.
As for getting someone to do the whole job as to not have this problem…that would have cost way more than the £550 at stake here…and I wouldn’t have got to play with a mini digger
Your analogy is flawed.Sounds so far like there’s no precedent for this.
I didn’t order the wrong thing. They took the order wrong and with a marginal difference in the name that’s hard to spot.
It’s like ordering Gin and Tonic at the bar and getting a gin and lemonade. Some people will just drink it, other people will take a sip and realise it’s wrong and ask for it to be changed. I fall into the second group.
As for getting someone to do the whole job as to not have this problem…that would have cost way more than the £550 at stake here…and I wouldn’t have got to play with a mini digger
It is like walking into a bar ordering a gin and tonic, the bar man saying gin and lemonade, you saying yes gin and lemonade. (Order confirmation)
Barman checking back and you saying all is great after a sip.
Then Drinking 1/2 of it and asking for your money back.
It always amazes me how people think the cost of building work is cost of materials - labour. A huge part of the cost increase between a supply and fit and labour only is risk and dealing with cockups
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