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.

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?

PiKe · 3 Feb 2006 at 20:53

That's what I like to hear

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.