Consumer Rights: MoneySavingExpert.com discussion

Fran1974

Thank you Derrick

n1971

Hope someone can advise on this. I ordered a pair of boots from Amazon whilst they were on offer and they have sent the incorrect size - a 3 instead of a 6?!?!

I have contacted Amazon, requested they correct their error, issue a replacement and have just received their reply. The boots are now out of stock in the colour and size I now ordered so they have offered a refund.

The boots are in stock in another colour but have now gone up to full price. Thing is...I don't want a replacement, I want the goods I order and paid for. Are they in breach of contract or anything or do I have no option but accept it and pay up the additional £35 for a replacement?

Art_2

n1971 wrote: »

Hope someone can advise on this. I ordered a pair of boots from Amazon whilst they were on offer and they have sent the incorrect size - a 3 instead of a 6?!?!

I have contacted Amazon, requested they correct their error, issue a replacement and have just received their reply. The boots are now out of stock in the colour and size I now ordered so they have offered a refund.

The boots are in stock in another colour but have now gone up to full price. Thing is...I don't want a replacement, I want the goods I order and paid for. Are they in breach of contract or anything or do I have no option but accept it and pay up the additional £35 for a replacement?

No they are not in breach of contract. The contract only exists when you receive an email from them informing you the goods have been dispatched.

Speak to them and they may agree to fulfill your order as originally placed.

Regards,
Art.

n1971

Art wrote: »

No they are not in breach of contract. The contract only exists when you receive an email from them informing you the goods have been dispatched.

Speak to them and they may agree to fulfill your order as originally placed.

Regards,
Art.

Thanks for the reply.

Forgive my ignorance as I am perhaps missing the point but I did receive an email confirming the goods had been dispatched and did subsequently receive them - albeit in a different size to that which was ordered. Is that not what you mean?

Regards,
Nick

Art_2

n1971 wrote: »

Thanks for the reply.

Forgive my ignorance as I am perhaps missing the point but I did receive an email confirming the goods had been dispatched and did subsequently receive them - albeit in a different size to that which was ordered. Is that not what you mean?

Regards,
Nick

Apologies, I misunderstood. Yes, you have a contract and they are obliged to fulfill it for you.

Contact them and say you want to know when they will be be honouring their liability. They have to provide the goods as ordered at the price as stated.

Regards,
Art.

Melissa25

Hi just thought I would update and let u know that i got a refund on my jumper today - yay!

lainey-c

Sorry if this is in the wrong thread, but can anybody help me with this....

I bought a sofa from Laura Ashley, delivered in Nov 05. It has a 5 yr gtee for the frame and springs. In July 08 I rang and complained that one of the seat cushions was dipping and if you take it off the base underneath is also dipped as if the spring has gone. They sent someone out who said it was general wear and tear, the spring had stretched and this was normal and to plump up the cushions more often! Was not happy with this given that I'm out at work all day and therefore it has very little use, and advised Laura Ashley of this. They didn't get back to me. In Nov 08 I noticed that the condition was worse and that the material covering the base had ripped at the edge and the wadding was coming through. Complained again, LA sent the same guy out who said that it was consistent with someone standing on the sofa and their foot slipping down the side causing the rip!. Obviously nobody has stood on it. They again said it was general wear and tear and won't budge. I paid £1100 for the sofa on special offer (its currently retailing at £1900). I don't feel that after 2 years and 8 mths it should be in the state that it is in.
Do I have any comeback under the Sale of Goods Act or the Guarantee? I also paid with a Laura Ashley credit card, can I claim through this?

Art_2

lainey-c wrote: »

Sorry if this is in the wrong thread, but can anybody help me with this....

I bought a sofa from Laura Ashley, delivered in Nov 05. It has a 5 yr gtee for the frame and springs. In July 08 I rang and complained that one of the seat cushions was dipping and if you take it off the base underneath is also dipped as if the spring has gone. They sent someone out who said it was general wear and tear, the spring had stretched and this was normal and to plump up the cushions more often! Was not happy with this given that I'm out at work all day and therefore it has very little use, and advised Laura Ashley of this. They didn't get back to me. In Nov 08 I noticed that the condition was worse and that the material covering the base had ripped at the edge and the wadding was coming through. Complained again, LA sent the same guy out who said that it was consistent with someone standing on the sofa and their foot slipping down the side causing the rip!. Obviously nobody has stood on it. They again said it was general wear and tear and won't budge. I paid £1100 for the sofa on special offer (its currently retailing at £1900). I don't feel that after 2 years and 8 mths it should be in the state that it is in.
Do I have any comeback under the Sale of Goods Act or the Guarantee? I also paid with a Laura Ashley credit card, can I claim through this?

You can claim under the guarantee they gave you. Tell them the sofa is not fit for purpose and if they don't repair it you will go to the Small Claims Court. You cannot get a refund after this length of time. Send them a recorded delivery letter to this effect and copy your card company in on it.

Regards,
Art.

spannerj

Hi there,

Don't know if I'm in the right place.

I bought a kayak, paddle and splash deck from a specialist shop at the weekend. I thought I did well by negotiating 15% off on the Kayak but I didn't get any discount on the paddle and splash deck. The owner seemed to have a wry smile on his face as he took payment.

Today I find on thier website they have a 15% sale on anyway. I'm a bit annoyed about this and I would like to take the paddle and splash deck back. Can I legally do this? The owner may well be good enough to refund me the 15% anyway if I ask but I would like to know if he refuses that I could just get my money back and buy the goods elsewhere.

Thanks for any help.

Art_2

spannerj wrote: »

Hi there,

Don't know if I'm in the right place.

I bought a kayak, paddle and splash deck from a specialist shop at the weekend. I thought I did well by negotiating 15% off on the Kayak but I didn't get any discount on the paddle and splash deck. The owner seemed to have a wry smile on his face as he took payment.

Today I find on thier website they have a 15% sale on anyway. I'm a bit annoyed about this and I would like to take the paddle and splash deck back. Can I legally do this? The owner may well be good enough to refund me the 15% anyway if I ask but I would like to know if he refuses that I could just get my money back and buy the goods elsewhere.

Thanks for any help.

If the price had gone up would you have paid the difference?

At the time you paid for the goods you entered a contract that is binding on you both.

It won't do any harm in asking for the refund but the retailer is under no obligation to give it.

Regards,
Art.