Law people, lend me your ear

PiKe · 3 Feb 2006 at 20:18

I need some advice from students or solicitors that may be reading this

If a company sends you a cheaper item in place of another, which you aren't informed about, then charged the same as the more expensive item, would you be entitled to be compensated even if the terms and conditions say

16. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, the Company shall, in its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund or offer a credit note on account to you, in the amount paid for the goods excluding shipping charges.

Surely if it went to court the judge would deem that as unreasable and disregard it?

I'm not going to bow down to this, that's what they are counting on, if I kick up enough of a fuss they'll give in.

Nix · 3 Feb 2006 at 20:19

*Throws ear at PiKe*

DRZ · 3 Feb 2006 at 20:37

Request a full refund immediately. Assuming you bought mail order, they have no choice but to give you your money back.

PiKe · 3 Feb 2006 at 20:43

DRZ said:
Request a full refund immediately. Assuming you bought mail order, they have no choice but to give you your money back.

Aparently not, they keep pointing me to that clause, you can't speak to these people at all. Is there a law that they must refund all my money?

DRZ · 3 Feb 2006 at 20:50

Under the Distance Selling Regulations, yes. Also, if you bought it on your Credit Card, there is the Consumer Credit Act.

As far as I see it (and I have no legal training whatsoever) they are in breach of contract (you entered into a contract of sale for something and they sent you something else) and so both parties should be put back into the position they were in prior to entering into the contract.

PiKe · 3 Feb 2006 at 20:53

That's what I like to hear

WHAT!!! · 3 Feb 2006 at 20:58

DRZ said:
Under the Distance Selling Regulations, yes. Also, if you bought it on your Credit Card, there is the Consumer Credit Act.

As far as I see it (and I have no legal training whatsoever) they are in breach of contract (you entered into a contract of sale for something and they sent you something else) and so both parties should be put back into the position they were in prior to entering into the contract.

would that include postage cost which i would pay them for them to send me the item and then for me to send it back to them ?

zain · 3 Feb 2006 at 22:23

They didnt provide the good as described - Trading Standards violation

The value was below that of the expected item but did you agree to this?

It depends on what the amount of the item is and is it worth pursueing. If you didnt agree to having this replacement item and even if it says its ok in their T&Cs its still against the law.

sativa · 3 Feb 2006 at 23:47

Request a refund, if they don't oblige witihn 7 days, ask them who and where papers should be sent for your claim to the Court.

Wyrdo · 4 Feb 2006 at 00:02

As has been said, distance selling regulations. You're entitled to a full refund if you notify them you are sending the item back within 7 days. you may have to pay the postage fees though, think that might depend on the company.

PiKe · 4 Feb 2006 at 00:11

wyrdo said:
As has been said, distance selling regulations. You're entitled to a full refund if you notify them you are sending the item back within 7 days. you may have to pay the postage fees though, think that might depend on the company.

They said they'll refund minus postage which is unacceptable.