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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have paid a delivery charge and still not received my

Customer Question

I have paid a delivery charge and still not received my items when I chased the company they said they had changed delivery companies and If I wanted my items I had to pay a new delivery charge? On there own site it says all delivery charges are final once paid ,can they do this?
JA: Where are you? It matters because laws vary by location.
Customer: Hereford items brought from global auctions Manchester
JA: What steps have you taken so far?
Customer: Hereford items brought from global auctions Manchester
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Sorry chat has disappeared from the screen are you still there?
Submitted: 15 days ago.
Category: Law
Customer: replied 15 days ago.
I have called them several times and been told someone will get back to me ,I then have to keep calling, I am now waiting for a manager to call, but the last 2 people told me if I don't pay if the new deliver is more I won't get my money back or my items?
Customer: replied 15 days ago.
They did say they didn't know if the new delivery would be more or less kkney but until I agree to a new quote they won't tell me. And once I agree to a new quote I am obliged to pay if I want my goods
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 15 days ago.

I'm sorry to read of the above. May I confirm these are products you ordered as a consumer please rather than the business customer?

Customer: replied 15 days ago.
As a customer
Customer: replied 15 days ago.
I paid in full for both the items and the delivery
Customer: replied 15 days ago.
Sorry I am confused I put in my card details now its asking me to pay again
Customer: replied 15 days ago.
I don't want to pay another £44 for a phone call text os fine.
Customer: replied 15 days ago.
I have not approved the phone call charge, I now feel like this is also a con...
Customer: replied 15 days ago.
Please don't call I can not afford the charge
Expert:  Joshua replied 15 days ago.

it does not appear that your payment for the phone call request has been processed successfully and accordingly it does not appear you have been charged. If you still wish to speak by phone, you may need to contact your bank as this may be a routine fraud screening check. Otherwise, we can continue here in chat

Customer: replied 15 days ago.
Here is fine
Expert:  Joshua replied 15 days ago.

thank you. May I clarify one point above please-did you purchase as a business customer or a consumer (i.e. non-business customer)?

Customer: replied 15 days ago.
Non business customers
Expert:  Joshua replied 15 days ago.

thank you. So to be clear, the choice the auction house is offering you is to pay a further delivery charge which is presumably more expensive than the delivery charge you have paid to date or alternatively, they are offering a refund. Is that correct please?

Customer: replied 15 days ago.
Not even offering a refund at present, they just said if the new carrier that they are using is more I have to pay more or loose my items
Customer: replied 15 days ago.
This has been going on for nearly 6 weeks since I paid for my items and I paid delivery in full on the 2nd of this month after chasing them for a quote for delivery, as soon as they gave me a price I paid .
Customer: replied 15 days ago.
They don't even know if it will be more or less but they won't tell me unless I agree to a new quote.
Expert:  Joshua replied 15 days ago.

thank you. If your bid and subsequent payment in relation to your winning bid have been accepted and confirmed by the auction house-and it is important to stress the importance of your order been confirmed. This would usually be by email for example. if you have not received confirmation of acceptance of your order, then the contract may not be final and in the circumstances it may be open to the auction house to propose additional or alternative terms.

if this is the case, then as you say, your order would be confirmed on confirmation of your order and from that point, cannot be unilaterally changed by the auction house. this is the fundamental basis of a contract - if a contract can be changed at will by one party having agreed it, there would be almost no purpose and contract law.

If they are refusing to deliver the goods at the price agreed and confirmed under a confirmed order, then this places the auction house in breach of contract. if this is the case, you could either demand a  full refund in lieu of paying anything different or in addition, you could seek to claim any difference in price as between what you have agreed to pay for the goods from the supplier and any alternative supplier as damages for breach of contract.

if you require a refund, if you paid by credit or debit card, the simplest way to obtain a refund is likely to be to contact your card issuer in this respect to ask them to process a chargeback if you have requested a refund and it is not been supplied by the auction house

Customer: replied 15 days ago.
I had an invoice with all charges for items and delivery I also received confirmation that it has been paid. Dose that count
Customer: replied 15 days ago.
File attached (3TV72ZM)
Customer: replied 15 days ago.
Sorry it went twice
Customer: replied 15 days ago.
File attached (7Q6S3GM)
Expert:  Joshua replied 15 days ago.

thank you. I'm not saying anything above that shows that your order has been accepted. If you read the notes at the bottom of the transaction confirmation, it expressly states that this transaction receipt is not acceptance of your order. Do you have anything that shows that your order was accepted after this point?

Customer: replied 15 days ago.
Only the original invoice the large 1, after I paid shipping the amount show as owed the only receipt I got was the payment receipt
Customer: replied 15 days ago.
File attached (Z2LZ771)
Customer: replied 15 days ago.
This is off there own website under shipping, they say all shipping charges are final after they determine the cost due to size and weight which is what they did
Expert:  Joshua replied 15 days ago.

the difficulty as we discussed above is that you have not received any confirmation of your order though I appreciate this can be a subtle distinction. Until the auction house accepts your order it is not a contract and until that time they are not bound by it.

however, this does not mean that the auction house is entitled to change the shipping cost which is orally been quoted to you. As you say, the shipping cost under the terms is final and as such, it seems to me the options available to the auction house are either to proceed on the basis of the invoice that they have already sent and which you have paid or to refund you on the basis they do not wish to accept the order on this basis

Expert:  Joshua replied 14 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.


Expert:  Joshua replied 13 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 13 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.