Issue with Zooplus.ie

FreedomJoe

Hi all,

Any advice on the law when it comes to online purchases?

I purchased a Rabbit Hutch and pen from the Internet company ZooPlus.ie

My item arrived today, and it was the pen.

I explained to the driver it should be 2 items, but he only had 1.

He said, maybe it would show tommorow.

I decided to build the pen for our new rabbit, and my wife popped off a email to Zooplus to make sure they had indeed dispatched the hutch.

This afternoon we received an email from them stating that the item we purchased was in fact in error, and they had advertised the item wrongly. The Hutch and the pen should have been sold as 2 items not 1.

However they would give me a €5 voucher! or arrange collection of the pen at their cost and refund me once they received it back.

I really dont think this is fair.

I purchased the Hutch and pen for €46.00. My Invoice clearly states I have purchased the 2.

They are now advertising the Hutch at €89.99 and the pen for €59.99!

Its not my fault that they made a mistake and I purchased the items in good faith.

Do I have any rights?

I notice that they are also based in Germany and Not Ireland despite the .ie web address!

Its hardly fair that I have waited a week, only to discover they have made an error, but I can send back my item and wait another week untill I get a refund.

And I have also built the bottom part, how do I send that back?

But in all honesty I just want the Item I purchased!

Any Advice on my rights?

Thanks in advance!

Paulw

Once they accept payment, you have a binding contract.

The fact that they made an error is their problem. You are entitled to the product as advertised and purchased.

They should now send you the other part of your order, with no additional cost to you.

jor el

When you bought it, did you get a receipt/invoice either by email or one you could print there and then? If you have a written receipt, saying Hutch and Pen for €46.00, then they must deliver them both.

If they hadn't accepted your payment, then you'd be out of luck, but by accepting the payment, they've finalised the contract and accepted it as written on your receipt/invoice.

If you have nothing in writing, you'll be fighting a tough battle, and will probably lose.

Cabaal

Paulw wrote: »

Once they accept payment, you have a binding contract.

The fact that they made an error is their problem. You are entitled to the product as advertised and purchased.

They should now send you the other part of your order, with no additional cost to you.

If they debited the money then they have to furfill the contract by giving you the items for the price you paid

Doesn't matter if they try refund the money now, e-mail them telling them you don't want a voucher or a refund as your entitled to both items by law

FreedomJoe

Hi all,

Yes I do have a invoice receipt with the items described and payment accepted on it.

However they are still refusing to budge.

This is the latest email i have from them.



Thank you very much for your email.
Please accept our apologies for the inconvenience involved in this matter.

Kindly be advised that the item 126758.1 does not include the hutch(error on webpage) , it is out of stock at the moment.Alternatively we would like to offer you Outdoor Pet Hutch Outback Variable .
We will arrange return and replacement for Outdoor Pet Hutch Outback Variable,.Article number126759.0 and 126759.2 .(89.99 EUR and 59.99 EUR)

Kindly let us know any suitable day for you so we are able to arrange pick up and confirm whether we should arrange replacement or alternatively we will arrange full refund as soon as parcel is returned back.

We apoloigise again and are looking forward hearing from you soon.

I really dont understand what they are saying? Any Ideas?


Thanks

Paulw

If I were you, I'd reply as follows -

"Thanks for your email. I would simply like you to supply me with what I ordered and paid for, as per the contract. I have already received and assembled the pen and now await your shipping of the hutch."

Little A

Push them to supply what you ordered or to supply a suitable alternative at no extra cost to you.

I had an issue with them, as soon as I started to quote my rights & "not fir for the purpose intended etc, they backed down & supplied me with a replacement (didn;t bother to collect the first one either)

Cabaal

FreedomJoe, try this as a response.

Hi,
Thanks for your e-mail.

Unfortunately it appears that ZooPlus are in breach of the law by changing the terms of a sale agreement after the sale has taken place (this has been confirmed because you had taken the payment)

Your site clearly displayed the Hutch and pen for €46.00 and this is what I paid for the items and ZooPlus had taken for the items, under

If however ZooPlus had notified me of the "website error" before the full sale had taken place then ZooPlus would be within their rights to charge the higher separate prices as you are attempting to do now.

While I understand you as a business are trying to back out of this error, I am as a consumer legally entitled to the Hutch and pen for €46.00 as the original sale was agreed for this amount and the sale was completed by me paying for the item in question.

ZooPlus is more then welcome to call the Consumer Connect on 1890 432 432 to confirm this.

Thanks for your time and I look forward to the completion of my recent order.

Yours,
----

calex71

I feel for the site with the times we are in BUT because of the times they should have been more careful when advertising and processing orders.

OP you are 100% in you rights as a consumer and morally on this do not back down, it's not as if you where intending to get something for nothing or realised the items where to cheap to be true. You bought it as advertised and where happy to pay that price. If they have taken your money they are in the wrong.

If they had spotted the mistake before all if this id be on there side, but no judge in his right mind would side with them.

FreedomJoe

Hi guys thanks for the Advice.

Ive copied and pasted your response caball. Thanks.

I now await their response!

Ill let you all know what they say!

FreedomJoe

well they finally got back to me!

But they are really clutching at straws!

This is there latest Email!

Thank you very much for your email.

We are sorry for the inconvenience involved in this matter.

Kindly be advised that we have taken the amount for the following article:
Rabbit Hutch Outback Special with Pen - Extra Pen 80 x 66 x 47 (L x W x H).

As you can clearly see there is the ending "EXTRA PEN" and if you check the height then you will realize that this is never hutch & pen.


It was simply our mistake on Webpage not to mention it clearly / not to take the article out as the hutch was out of stock. But if you would have read carefully and checked the dimensions you would have realized that it is not hutch & pen. Anyway, we offered free pick up and full refund and have already forwarded you voucher as the way of compensation.

Thank you for your understanding.

With kindest regards,

Your Service-Team

Now went I purchased on line the Advertisment stated Pen & Hutch. Despite them now removing that product & Code.

THe Invoice I received states

1 126758.1 Rabbit Hutch Outback Special with Pen Extra Pen L 80x B 66 x H47

I have No Rabbit Hutch!

Any Ideas for my next course of Action?

Thanks!

jor el

LOL, "If you had checked the dimensions", that's a good one. They really are reaching now. They know they're in the wrong, but they're going to keep annoying you until you just go away.

This is where it gets a bit tricky for you. You have all the cards, you are in the right, however, they have the hutch, and you can't force them to deliver it, without further action.

You should first tell them that you are about to file a small claims court action, unless they deliver what's on your invoice, which is what you paid for, and what they are legally obliged to deliver.

You could also contact the National Consumer Association, and ask them to weigh in, and add this response to your next mail to ZooPlus.

Small claims court will take anything from several weeks to several months. It's a slow process, but the threat alone may make them stand down.

FreedomJoe

jor el wrote: »

LOL, "If you had checked the dimensions", that's a good one. They really are reaching now. They know they're in the wrong, but they're going to keep annoying you until you just go away.

This is where it gets a bit tricky for you. You have all the cards, you are in the right, however, they have the hutch, and you can't force them to deliver it, without further action.

You should first tell them that you are about to file a small claims court action, unless they deliver what's on your invoice, which is what you paid for, and what they are legally obliged to deliver.

You could also contact the National Consumer Association, and ask them to weigh in, and add this response to your next mail to ZooPlus.

Small claims court will take anything from several weeks to several months. It's a slow process, but the threat alone may make them stand down.

Thanks for the Advice.

I have no problems taking them to the small claims court, it dosent cost too much so what the hell!

But would there be an issue trying to take a Internet company that is based in Germany?

Now I know they pay Irish VAT because that is on the Invoice, and I know they have a .ie address. But would a small claims court take action against them considering they are German?

How could they enforce payment?

Thanks again.

Sleipnir

Well, they are in breach of contract and Irish law, as well as EU distance selling regulations still apply.

GENERAL CONSUMER LEGISLATION:


While the Regulations provide specific rules for distance contracts, general consumer legislation also applies. Consumers remain protected whether purchasing the goods in Ireland or another member state; for example, if a consumer buys goods in the UK they will have the protection of the UK Distance Selling Regulations and the UK Sale of Goods Act 1979.


The Sale of Goods Act 1893 is still law in Ireland although it has been amended by

the Sale of Goods and Supply of Services Act, 1980 (the 'SGSSA'). There are implied terms in the SGSSA in relation to title, sale by description, quality or fitness, and sale by sample.

But presumably it's German consumer and contract law that applies here.

Sleipnir

Something else I found on distance selling regulations.

http://www.efc.ie/publications/legal_updates/articles/corpbank/distance_selling.html

The Brussels Regulations


Another development in the past year which impacts on the Distance Selling Regulations is the implementation of the Brussels Regulation, which came into force on the 1st of March 2002. It is better known as Council Regulation (EC) No44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. It is directly applicable in all EU Member States, apart from Denmark and is also applicable in Iceland, Liechtenstein, Norway, Poland and Switzerland.

The Regulation has important implications for online retailers and consumers. It increases protection for consumers purchasing goods or services from internet retailers with a branch, agency or other establishment in any of the Member States.

In the event of a contractually-based dispute, a consumer in an EU member State will in most cases have the right to sue the EU business in his/her home Court. Any judgment given would be enforceable in the defendant’s home State.

The Regulation essentially provides that a business wanting to sue a consumer will have to do so in the consumer’s home State. If a web-site is “ directing” its activities at the consumer’s home State, it will be caught by the Regulation. The meaning of directing has not been defined. However, a site is likely to be covered if :

It fulfils orders to consumers in that state;

Its website is in the language of the State; or

It provides prices for its products or services in the currency of that state.
If a business intends only to sell within one Member State,(e.g. its home State) and its site reflects this, it is less likely to be sued abroad. Any clients who have web-sites, should therefore be advised that their websites should display notices about target markets and should also use technical means to catch those who ignore the notice (e.g. Invite the user to select his/her country from a list and block orders from non- targeted countries). The Regulations do not apply to certain types of civil cases, including insolvency.

delllat

companies do this often and usually get away with a refund when it goes tits up

ShooterSF

delllat wrote: »

companies do this often and usually get away with a refund when it goes tits up

Which do you mean, that they get away with it 'cause people accept a voucher/ believe they have no rights or do you mean they stand up for their rights and the courts find in the companies favour?

FreedomJoe

Just thought id keep you all upto date on the latest!

ZOOPLUS now ignore my emails.
I responded to the last email they sent me (Dimensions of cage!) and failed to receive a response.

I resent the Email again and again still failed to receive a response.

I contacted them by phone twice only to be put on hold and then for the call to hang up!

So I have now gone online and made a complaint via the Small Claims Court.

So Guess Ill have a long wait!

But I dont see why they should get away with False advertising and failure to supply goods I have paid for.

If I owed them money no doubt I would have debt collectors kicking down my door, so I dont see why they should get away with owing me something.

Ill let you know anymore as soon as I hear!

Paulw

Maybe you should on in person and visit their offices, and ask for someone to deal with your case there.

penexpers

FreedomJoe wrote: »

Just thought id keep you all upto date on the latest!

ZOOPLUS now ignore my emails.
I responded to the last email they sent me (Dimensions of cage!) and failed to receive a response.

I resent the Email again and again still failed to receive a response.

I contacted them by phone twice only to be put on hold and then for the call to hang up!

So I have now gone online and made a complaint via the Small Claims Court.

So Guess Ill have a long wait!

But I dont see why they should get away with False advertising and failure to supply goods I have paid for.

If I owed them money no doubt I would have debt collectors kicking down my door, so I dont see why they should get away with owing me something.

Ill let you know anymore as soon as I hear!

How did you file a complaint with the SCC when they are not registered with the CRO here?

darc

FreedomJoe wrote: »

1 126758.1 Rabbit Hutch Outback Special with Pen Extra Pen L 80x B 66 x H47

This is lost in translation. If you buy regularly from european sites that have direct english translation, then it may have made more sense or you may ahve queried it.

If this was in german and you understood german, then it would have been perfectly clear that you are purchasing the extra pen for the Outback Rabbit Hutch.

However in direct translation to english it is confusing and can easily be read as Hutch & extra pen.

Overall, I don't think they tried to deceive, and if it went to a court case they would probably win, but their customer service should have been a lot better.

FreedomJoe

Rule will allow small claims to be pursued in other EU states

IRISH CONSUMERS will be able to pursue small claims against suppliers and service providers in other EU states under a new regulation in force from tomorrow. Minister for Justice Dermot Ahern has announced that Ireland will be adopting a new regulation for claims of less than €2,000 to be pursued across all EU states except Denmark.

http://www.irishtimes.com/newspaper/ireland/2008/1231/1230581504261.html

FreedomJoe

darc wrote: »

This is lost in translation. If you buy regularly from european sites that have direct english translation, then it may have made more sense or you may ahve queried it.

If this was in german and you understood german, then it would have been perfectly clear that you are purchasing the extra pen for the Outback Rabbit Hutch.

However in direct translation to english it is confusing and can easily be read as Hutch & extra pen.

Overall, I don't think they tried to deceive, and if it went to a court case they would probably win, but their customer service should have been a lot better.

Their Website is a .ie address.

They pay Irish VAT.

Not my fault that they are German. I actually thought I was buying from a Irish company at first, it wasnt until I received a Invoice that I realised they were based in Germany.

They have Admited they have mada mistake.
My Invoice clearly states I have purchased a Rabbit Hutch with Pen.
They have now removed their FALSE Advertising from their Website.

Cabaal

Paulw wrote: »

Maybe you should on in person and visit their offices, and ask for someone to deal with your case there.

They operate out of Germany and simply have a .ie domain

darc

FreedomJoe wrote: »

Their Website is a .ie address.

They pay Irish VAT.

Not my fault that they are German. I actually thought I was buying from a Irish company at first, it wasnt until I received a Invoice that I realised they were based in Germany.

They have Admited they have mada mistake.
My Invoice clearly states I have purchased a Rabbit Hutch with Pen.
They have now removed their FALSE Advertising from their Website.

Apologies if you don't want to hear the other side of an argument.

I never blamed you for the fact that they are german
I never said they didn't make a mistake

I just gave you an opinion from the other perspective - usually this comes in very handy if you're taking a case against someone.

Irish VAT has to be paid by on Irish sales by any eu company selling above a certain amount into the Irish market.

I can see why they don't answer your calls / emails as you seem to be on a collision course and have no interest in any opinion unless it agrees with yours. - This gets no-one anywhere and any retailer would refuse to converse with this style of conversation.

Try the nice approach - I can assure yiou it works far better!

FreedomJoe

darc wrote: »

Apologies if you don't want to hear the other side of an argument.

I never blamed you for the fact that they are german
I never said they didn't make a mistake

I just gave you an opinion from the other perspective - usually this comes in very handy if you're taking a case against someone.

Irish VAT has to be paid by on Irish sales by any eu company selling above a certain amount into the Irish market.

I can see why they don't answer your calls / emails as you seem to be on a collision course and have no interest in any opinion unless it agrees with yours. - This gets no-one anywhere and any retailer would refuse to converse with this style of conversation.

Try the nice approach - I can assure yiou it works far better!

Have you read the thread from the start?

Ive contacted them on the advice of others on here.

I started out being all nice to them, only to be fobbed off.

I have only a few quid to loose with the SCC, so I dont mind going to court with them.

But as a customer I would never shop with them again.

As I understand it, "Lost In translation" Is a poor argument.
If they want and Clearly intend to sell to the Irish Market, then It is their responsability to make sure that they clearly advertise correctly.

However in my case they clearly advertised a product with a wrong price, I didnt know this untill AFTER they accepted payment and took receipt of part of the goods.

It surely is now there responsability to honour the contract I have with them and supply me with the rest of the goods I purchased.

darc

I have read it from the start and I have knowledge in the legal field and in the retail field. I gave an opinion about what you will get in reply.

Zooplus have also claimed that the item you ordered is out of stock and is not available. They have offered to collect the item delivered and to refund you in full. - that is the total amount of compensation that the SCC can award.

As they made the offer prior to you commencing action, you will be liable for all costs involved including their costs.

Basically - you ordered a product, you accepted the terms & conditions of the website, they sent you an incorrect product, they don't have the product you ordered in stock, they have offered a refund.

The court cannot make them do anything else.

IMO -this is how they will respond to the court. - they are German!!

You may not like what I've said, but it's probably what you'll have to accept!

btw. Its ALWAYS advisable to check where a website is based prior to purchase.

Sleipnir

darc wrote: »

As they made the offer prior to you commencing action, you will be liable for all costs involved including their costs.

You would only be liable for the other side's costs if you appeal to the Circuit Court after the SCC, and lose.
You're not liable for the other side's costs if you lose in the SCC only. Just because the other side has made an offer that you have rejected doesn't make you liable for their costs.

The offer made does not negate the fact that they are in breach of contract.