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Anyone know contract law? Item delivered not the one in the picture!
PeteW
Posts: 1,213 Forumite
Hiya
I ordered an £850 watch yesterday which arrived today, however it's not the one on the picture on the website.
I had a look to try and find out what it is they've sent me but I couldn't find this one on their site.
However... I did find a watch with the same picture as the one I ordered, but for £300 more. So it's looking as if that is the right one and they simply have the wrong photo on the one I bought.
If this is the case, do I have any right for them to exchange it for the one in the picture?
I'm wondering if legally they've formed a contract to supply the watch shown?
I've really fallen in love with the one I thought I'd bought but in fact can't afford!
Cheers
Pete
I ordered an £850 watch yesterday which arrived today, however it's not the one on the picture on the website.
I had a look to try and find out what it is they've sent me but I couldn't find this one on their site.
However... I did find a watch with the same picture as the one I ordered, but for £300 more. So it's looking as if that is the right one and they simply have the wrong photo on the one I bought.
If this is the case, do I have any right for them to exchange it for the one in the picture?
I'm wondering if legally they've formed a contract to supply the watch shown?
I've really fallen in love with the one I thought I'd bought but in fact can't afford!
Cheers
Pete
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Comments
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Hiya
I ordered an £850 watch yesterday which arrived today, however it's not the one on the picture on the website.
I had a look to try and find out what it is they've sent me but I couldn't find this one on their site.
However... I did find a watch with the same picture as the one I ordered, but for £300 more. So it's looking as if that is the right one and they simply have the wrong photo on the one I bought.
If this is the case, do I have any right for them to exchange it for the one in the picture?
I'm wondering if legally they've formed a contract to supply the watch shown?
I've really fallen in love with the one I thought I'd bought but in fact can't afford!
Cheers
Pete
they dont legally have to supply you with the watch they showed you if its a higher price or they do not stock it but they do have to give you a full refund inc delivery if you wish to return the one they sent youBack by no demand whatsoever.0 -
I guess it depends on how much they're going to charge you... £850 for a £1150 watch would be nice
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Anybody else any comments?
My understanding of contract law is that for a contract to be legally binding there was to be evidence of an offer and acceptance.
They have accepted my offer by taking payment and delivering the watch. I guess the question is whether my offer is technically for the item pictured or the item described?0 -
Yes, but as long as the error (albeit the picture or the item) was accidental and have in no way tried to mislead you on purpose, then they can simply withdraw the item from sale...If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands
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Once they've taken your money they have to supply you what you ordered. If they simply refund you your money, you can sue them for the EXTRA that it costs you to get the item elsewhere.
Get stuck in, use the courts [if they are worth suing] ....Small claims track - piece of cake.0 -
Once they've taken your money they have to supply you what you ordered. If they simply refund you your money, you can sue them for the EXTRA that it costs you to get the item elsewhere.
Get stuck in, use the courts [if they are worth suing] ....Small claims track - piece of cake.
If they are unable to supply what was ordered there responsibitlity is to leave the customer is in the same position as before the contract was made. Therefore legally there only responsibility is to refund the customer.0 -
their.........0
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If they are unable to supply what was ordered there responsibitlity is to leave the customer is in the same position as before the contract was made. Therefore legally there only responsibility is to refund the customer.
Absolutely wrong. The remedy for breach of contract is to place the innocent party in the position they would have been in if the contract had been performed, not the position they were in before the contract was made.0 -
Absolutely wrong. The remedy for breach of contract is to place the innocent party in the position they would have been in if the contract had been performed, not the position they were in before the contract was made.
Cheers taxi, I thought it was like that, but the previous poster seemed quite firm in their statement so i was beginning to doubt my memory....lol0 -
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