Soldato
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I'm interested to know which e-tailer it is. Rules rules..
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I can't believe the retailer is going on like that really. I mean, I've heard of OCUK doing some pretty shoddy things (not so much recently, which I'm very happy about), but this just takes the cake! The fact that the company even picks up on a mistake like that amazes me.
Read all the posts, was extremely interested.
Without trying to add more debate to all the law quotes, i have read every quote and it is my interpretation that he is entitled to keep 7870 and demand the 7850.
I understand he is not the kind of guy to do that, i'm just saying as an example that is what he is ENTITLED to do, and as such if he chooses to accept it as a substitution thats fine. Or any of the other options people gave where it is all to his convenience and doesn't cost him anything.
If they do charge him extra, on principal take them to small claims court, even the threat of court can sort out the issue.
Whatever you and your cousin decide, he doesn't have to benefit from the mistake (i.e demanding the 7850 as well) but don't accept any agreement where he spends more money, is inconvenienced (no card for a week etc) or anything that puts him in a state where he's worse of than he currently is.
he took the chance to not saying anything and paid £40 to install and now he's caught. no sympathy there
What are you talking about? Did you even read the whole thread? He didn't know it was the wrong card until after installation which he didn't perform. Everything was scam's fault so they're liable for their own mistakes.
Here is my take on this as someone who has run a brick and mortar as well as an on-line retail business.
Forget anything about Unsolicited goods for a moment.
If you order something from an on-line retailer and they send the wrong item (regardless of why it is wrong be it the wrong colour, size or model whatever) you can reject the item under distance selling regulation but you don't have to, this also implies that you can accept the item. By keeping the card he accepted the item. The retailer has no right to ask for the item back or demand payment for the item and they certainly cannot charge your credit card for it, that is fraud and is a criminal offence.
If in any doubt contact the office of fair trading. Citizens Advice can advise but the OFT has legal powers and they know the law.
does that make sense to u? certainly not to me. what ever the code this etailer quotes, the card still comes in with its package and anyone who is not blind should be able to tell the difference. simple as that. if you are at a restaurant and given a dish you didnt order, will you eat it anyway? you may be able to get away with it but i think most of us wouldnt
does that make sense to u? certainly not to me. what ever the code this etailer quotes, the card still comes in with its package and anyone who is not blind should be able to tell the difference. simple as that