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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
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Hi there, I purchased some pet medication online, which was

Customer Question

Hi there,
I purchased some pet medication online, which was stated by seller to be a certain amount...Cosequin tablets for cats that were advertised at 150 capsules for £7.00,...so I purchased 5 packs (150 tabs x 5 pks = 750 tabs at the cost of £35.00), so I should have received 750 tablets, right? Plus I received my online receipt to state this.
Unfortunately, the seller has only sent 5 packs of 15 tablets, which is 75 tablets...
Please could someone advise me regarding this matter, as I'm unsure of my consumer rights to sellers misrepresentation.
Thank you
Vicki Race
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Was the seller in the UK please?
Customer: replied 2 years ago.

Yes, the seller is PetMeds, address is


Unit 3-6 Frogmore Ind Est,


Acton Lane,


Park Royal,


London NW10 7NQ

Expert:  Jo C. replied 2 years ago.
Thanks.

Can you tell me what wording the original ad used to describe this please?
Customer: replied 2 years ago.

Yes,...the wording on site is as follows...


 


Cosequin for Cats Sprinkle Capsules


 


150 Sprinkle Capsules £7.00 .....


 


then it had a box for which to choose the amount needed e.g 1,2,3 etc,....


 


then the word 'BUY', which you had to click to add to your shopping basket.


 


 


hope this helps....if you send me an email address, I could possibly send you a copy of my receipt...(Although I must warn you, I'm not a computer whizz, so maybe I could 'try' to send you a copy of my receipt...haha...!!)

Expert:  Jo C. replied 2 years ago.
Thanks.

That is all I need to know.

I do agree with you. This would seem to advertise, or at least create the impression, that 150 pills are available for £7.00

If they are UK based then you could sue for a refund but what you cannot do is force them to hand over that number of pills for this price because they cannot be forced to perform the contract for a non specific item.

You can always complain to trading standards though which might achieve the end you desire.

However, I do agree with you in principle.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Hi,

I'm unsure of what you mean by

 

' ...they cannot be forced to perform the contract for a non specific item '

 

thanks

 

Also, I've worked in retail before and for example...

 

If a customer goes into a shop and the item's price point states that the item is for £1.50 and then the following day/week, the item has gone up to £1.99, but the staff have not removed the old price point of £1.50...the customer is then entitled to have the item at the lower price of £1.50, due to the fact that the retailer has not removed the old price point, as it's the retailers duty to make sure the correct prices are on the correct items...

Expert:  Jo C. replied 2 years ago.
I'm not sure how to describe it any differently.

They cannot be forced to perform a contract. You can sue for your money back. You should win. But the court cannot make an order that they deliver up 150 pills to you.

The court can only force the sale of an item if it is literally unique and this is not.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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