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I ordered 5 items online, and paid for them. there then

I ordered 5 items...

I ordered 5 items online, and paid for them. there then followed a series of emails from the seller, sayting that the item was being 'tested', and that one of the colours I asked for was not available, and offered more of another colour I had asked for, which I accepted, and which was sent, although did not arrive till after christmas. I mentioned my disappointment in the feedback, and the seller offered me £5 compensation. I had paid £37.00. Should I accept the £5? I have already suggested to the seller that they should not offer items for sale until after any 'testing', and then sellers will not be disappointed.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in the UK

Lawyer's Assistant: What steps have you taken so far?

Nothing other than register my disappointment, and suggest to the seller that £5 seemed very little. He came back to me this morning asking what I would see as a solution....

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thats about it....

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Answered in 2 minutes by:
1/16/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,514
Experience: Qualified Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Customer reply replied 4 months ago
Hello Ben.

Did the seller agree to dispatch the items by a specified time, hence they arrived after Christmas? Also, when you realised that the product was being tested and was unavailable in the colour you required, were you offered a refund at that time at all?

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Customer reply replied 4 months ago
No, I don't really want to pay anything more... I actually just wanted to find my answer online if possible, stumbled upon this website by accident, without realising that it would involve any payment at all,.
Customer reply replied 4 months ago
Am just checking the emails from the time...

OK no problem at all. I will wait for you to get back to me with this information. Thanks

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Customer reply replied 4 months ago
No, I was not offered a refund, I was offered a colour of which I had already ordered, and which was available.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Customer reply replied 4 months ago
The order was first placed on 7th December, and as the items were Christmas Wreaths, then I rather thought that the seller understood that I would like them for before Christmas.

Many thanks for your patience. Whilst I can certainly understand your frustration in the circumstances, the arguments here will be more from a moral background rather than a legal one. Of course, we should not expect sellers to sell items which are not immediately available, or they should at least tell you that is the case before you order so that your expectations are managed properly. However, if they do sell you an item which ends up not being available, that does not give you rights to seek immediate compensation because the issue will very simply be resolved by offering you a refund or replacement. If you were initially offered a replacement, which you did not want, then you could have asked for a refund and cancelled the order. They have offered you a small token gesture of compensation and to be honest that is actually more than what they are legally obliged to do. Whilst it may not look ideal, you did not have to accept the replacement product offered and if you wanted to stick with the original purchase and it was unavailable you could have just pushed for a refund.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones
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Customer reply replied 4 months ago
Thank you very much for your reply.... having done some research on the Sale of Goods Act myself, then that is pretty much the conclusion I came up with. I will respond accordingly to the seller. Thank you for your thorough reply, I will leave relevant ratings for you too.

you are welcome and all the best

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