being sold and item incorrectly advertised, what can i do?

unwashed potato!

unwashed potato!

unwashed potato!

Soldato
Joined
12 Feb 2006
Posts
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Location
Surrey
bought an item from a store online, not ocuk, which was wrongly advertised as the picture was incorrect and the item was described wrongly. I have contacted the company asking for a refund so i can order another item, reviewed a few replies and so far they are ignoring all my requests for them to pick up the item saying i should pay to get it sent back, which after a quick check will cost me £10 even though imo it was there fault, not mine, and the item only cost £12 anyway.

Is there anything in place that protects me here and they must collect the item or do i have to send it back? i know of distance selling act but i would say that this is different in that its not me no longer wanting the item, but them incorrectly advertising the item.

any help is appreciated.

thanks
 
Check their T's & C's. You might find they have a clause about pictures and descriptions not being accurate due to product revisions by the manufacturer.

PK!
 
Mammalian said:
thanks,

you saying i should contact them? what is the likely outcome of this do you think?
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unless they have put something like the image in the picture in no way looks like the product on sale they pretty much dont have a leg to stand on... where abouts do you live mate? I have a few mates in trading standards...

Stelly
 
How long did you realise it was innacurate?

Was it just one of those things that you noticed it after you bought it? because they'll just see it that way and think you're in the wrong.
 
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

2.3 The DSRs say that you must provide consumers with clear
information so that they can make an informed choice about whether
or not they wish to buy from you. In most cases you must also give
consumers the right to a cancellation period.
Click to expand...

What if I want to supply substitute goods if the ones
I agreed to supply are not available?
3.8 You must:
n explain in the pre-contractual information you provide that this
could happen, and
n make it clear that you will meet the cost of returning any substitute
goods if the consumer does not want them.
Click to expand...

etc etc
 
Jebblehmoo said:
How long did you realise it was innacurate?

Was it just one of those things that you noticed it after you bought it? because they'll just see it that way and think you're in the wrong.
Click to expand...

yeah i noticed it after i bought it as they didn't send it to me and then i decided to buy it, i had to buy it first, and then they sent the item.

i realised straight away, that it wasn't what i was expecting and figured must be me for ordering wrong product, ooked i had the correct one so emailed them and asked if they sent wrong item, they said nope and that i have to send it back for a refund.

Gex: ok i'm pretty sure i should be able to win this then from 2.3 but still who do i contact as the company isn't replying atm.
 
phone them / send them an email saying you're going to seek legal advice. quote some of the DSRs at them, and wait for a response.

3.23 Where the DSRs give consumers the right to cancel an order, this
right is unconditional and begins from the moment the contract is
concluded. Unlike when buying from a shop, the first time that a
consumer will typically have an opportunity to examine goods
purchased by distance means is when they receive them. The DSRs
give consumers who buy by distance means more rights than
consumers who shop in person. When a distance consumer cancels a
contract to which the cancellation provisions apply they are entitled to
a refund of any money they have paid in relation to the contract even
if the goods are not defective in any way. Please also see paragraph
3.46 for further information
Click to expand...

For goods:
n provided you give your consumer the required written information
no later than the time the goods are delivered, their cancellation
rights end seven working days after the day on which they
received the goods
n if you do not give your consumer the required written information
by the time the goods are delivered, but do so within three months
from the day after the day the consumer receives the goods, the
cancellation rights will end after seven working days from the day
after the day on which the consumer received the required written
information
Click to expand...
 
As an example, say for Amazon, I am fairly sure in a situation like this they don't charge you for returning the item, i.e. they email you a prepaid label. So, yes - if reputable, they should cover the cost of postage back if it is their fault.
 
they should do that under the terms of the DSRs! I can't be bothered to open the pdf and find the relevant section though. They should also refund you before you return the goods too.
 
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