Hi I ordered several things from overseas and the retailer removed an item from my order, citing out of stock. I contacted them telling them to cancel as shipping becomes expensive without economies of scale. They said it's already with courier so too late.
I was wondering is this legal? I would have thought my order/contract was for all those items. Them, by removing one without my consent, doesn't that change our contract/my order into a different one?
Retailer removed an item from my order and proceeded without my agreement? Legal?
tikei on 23/01/2015 - 22:38
Comments
nope
I have ordered vitamins from an overseas supplier and they did just that. They shipped the 'out of stock' item when it became available, at their expense.
There's not much you can do if the supplier is overseas.
Don't accept delivery? Have it return to sender?
that's what they told me to do but the postman left it outside my door, I didn't even have an opportunity to decline the postman. I'm not sure if I can write "return to sender" on it as it's an overseas parcel. And even if I can, it may take 2 months as Auspost would send it back via sea mail since I wouldn't be filling out a customs form if I simply write "return to sender" on top of the label. They say returns only accepted within 14 days.
Well send a message and say you never received it, they have no proof of delivery. Then get refund.
What would be the point of doing this? So now you don't have the other item you already paid for?
They didn't charge for the item they cancelled. But I had wanted that item (as well as to make shipping more worthwhile) so I requested to cancel the order entirely as soon as I learnt of them removing it. I would have thought they would ask me if I wanted to proceed or offer to ship it to me if it goes in stock again.
ask them politely to give you a discounted shipping fee instead of returning the item or ship the 'out of stock' item at a later date with free shipping.
Suck it up. Shit happens. No reasonable recourse is available to you.
I don't think that's a good attitude to have in life. At least try before giving up and sucking things?
Don't waste your time. Be pragmatic.
PayPal / Credit Card dispute.
I would consider this fraud and report it to your card issuer.
"a good attitude to have in life" is to have a look at website's t&c or the sales contract. it'll outline the merchants and the client responsibilities and what liabilities each parties may face when a term is violated.
I did. Nothing concrete in t&c. Only says they may ship it separately if out of stock (didn't happen in this case though)
He was only willing to buy from them with whatever the shipping was IF!! he got everything he ordered.
it's no different to the $1 shirts and shorts the first time when we didn't know if we will get our whole order being over the 6 limit or not.so no he shouldn't suck it he should at the very least get what was left out shipped to him free of charger or some money back.
You got some stuff you wanted, enjoy them and move on, life isn't worth these tiny hassles, youll forget you worried about it in a week.
Was this an eBay transaction? If it was, then the appropriate recourse is probably negative feedback. If that worries the seller, they may offer you some form of discount or free shipping or whatever for you to remove the neg.
It's also a lesson learned. From now on, put in writing when ordering that is any item on the order is out of stock, then you'd like the entire order cancelled. (I don't think anyone would conceivably think to do this unless it happened to them or someone they know).
I know that's not very helpful, but as other's have pointed out, there's not much you can do. With an overseas seller, there's always a slightly higher element of risk that inevitably catches you out one day or another.
I was wondering is this legal?
thought my order/contract was for all those itemsEven if it was totally wrong, what legal recourse could you pursue ?
Consider the same situation, but seller not dispatching the total order due to a out of stock item. The buyer may then be upset in not getting the rest of the order on time.
Buying from overseas retailers brings its own set of risks.
Sorry I should make clear I don't have any intention of taking any legal recourse. I wanted to know if that's a practice common amongst retailers as it doesn't seem legal. If the general public here don't think their practice is right, I'll show them this thread, hope they change their practice (good if they fix my order too :))
there is nothing new about this way of trading. consignors may at times ship part consignments. the consignee will only help liable for goods that's been received.
so they will ship the item at their expense when it returns to stock?