Retail display Law - Boxed item different to display.

Smitho3 said:
I Dont understand how it was my error if they admitted that the wrong TV was put on display ontop of the boxes? The boxes are literally identical apart from an extra line in the product description stating it has a dvd player.
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Hmm... I may have misunderstood the minutae. I saw it as you looking at a display model, beneath which were a selection of different TVs in boxes suitably marked with price. If they were displaying a different TV over the price then that might be a different matter.

They should, in either case, offer a refund.
 
Take it back for a refund, they will probably kick up a fuss but you should be able to return it. My parents bought a 26" TV from a supermarket before Xmas, when they got it home it had lots of trouble getting any channels, after looking online they found it has a really bad digital tuner. They took it back but the supermarket insisted that it needs to go back to the manufacturer and wouldn't give a refund. My parents were not leaving without a refund and managed to get the manager to give them one eventually. In that case I see it as the product being misold as it doesn't do what it said on the box, supermarkets seem to put up more of a fight with electronics goods from my experience.
 
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Why do you think the OP is going to be automatically offered a refund?
He bought the item in store, so no cooling off periods or anything like that.
The store certainly don't have to offer a refund.
 
stoofa said:
Why do you think the OP is going to be automatically offered a refund?
He bought the item in store, so no cooling off periods or anything like that.
The store certainly don't have to offer a refund.
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Mainly because the Store in question offers this :-

Store's Refund Policy said:
If you change your mind within 28 days, we are happy to refund or exchange the product provided it is returned, as sold, with all the original packaging, tags, labels and accessories. Please have your invoice with you to do this.
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Adam said:
How did they?

Sounds like a genuine mix up but their aftersales attitude stinks.
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The item must be as described (not necessarily literally), the display model is supposed to be the one in the box ie describing it, like a picture on a website such as ocuk, by putting the wrong display model out they broke that clause, they decieved the customer.
 
Energize said:
The item must be as described (not necessarily literally), the display model is supposed to be the one in the box ie describing it, like a picture on a website such as ocuk, by putting the wrong display model out they broke that clause, they decieved the customer.
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I don't think that is right. Anyone can move display models about. You need to check you are picking up the correct model number.

Also I don't see how it is bad customer service. It is your error and all they need to do is swap it for you after you pay the price difference.
 
Something tells me it will be one of the high street stores (and there is only what - three of them, between two companies) and they will not only plead ignorance to wrong display on top of boxes containing different product but also point to that notorious plaque usually hung out of sight, far above customer services counter which displays a small print usurping them right to rob re-stocking fee if there is naught wrong with the product but the box was opened.
 
So, a pile of tinned peas has a tin of carrots on the top and a flashy display for peas hanging above that .... you pick up the carrots and get 'em home to find you have not bought peas ...... I think that that is a fair comparison.

Your fault, not theirs but as the returns policy is so generous, refund time.
 
Energize said:
The item must be as described (not necessarily literally), the display model is supposed to be the one in the box ie describing it, like a picture on a website such as ocuk, by putting the wrong display model out they broke that clause, they decieved the customer.
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Depends if the box has an adequate description. If the description on the box describes the product accurately then they could put a £10,000 HDTV as a display model and it wouldn't matter.
 
Robbie G said:
Not a Technika TV from Grotesco is it by chance? If so, the TVs are dire, woefully bad. Perhaps unsurprising given the price point.
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It is indeed, only bought for lazy morning in the bedroom, the fancy samsung jobbie is in the living room.

With regards to the sale of goods act, i have been reading this section

"13. Sale by description

(1) Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.

(1A) As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.

(2) If the sale is by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.

(3) A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.

(4) Paragraph 4 of Schedule 1 below applies in relation to a contract made before 18 May 1973.

Does this not mean that the item on display should by law, be the same as the goods it is advertising by way of a "sample" ? Or does it mean that the goods do not have to be the same as the sample so long as the description (box specification) indicate clearly what is in the box?

If it is the latter then the sale of goods act does not relate to this subject and it is down to poor customer service on behalf of teh afore mentioned retailer.
 
singist said:
So, a pile of tinned peas has a tin of carrots on the top and a flashy display for peas hanging above that .... you pick up the carrots and get 'em home to find you have not bought peas ...... I think that that is a fair comparison.

Your fault, not theirs but as the returns policy is so generous, refund time.
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not quite mate, its more like a box of crunchy nut cornflakes being poured into a bowl and put ontop of a stack of boxed cornflakes with a sign saying crunchy flakes of corn taped to a box of normal cornflakes. same packaging, same brand and product looks identical, only difference is the addition of crunchy nut in the front of the name.

In my case the only differene was the adition of DVD at the end of the name.
 
They are under no legal obligation at all to sell it to you for that price as the price was not attached to the product itself so they have not breached s13 SGA.
You may be able to argue it against their good nature and standing as a business if you take it high enough but you are unlikely to get anywhere im afraid.

BA :)
 
Chances of them budging on this are pretty much non existant. The margin on those TVs is probably under 5% to start with, if they knock off £50 just to make you happy then they might as well not have sold it in the first place.
 
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