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Advice required regarding misleading product description and being refused a refund.

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I have recently purchased a product off a website. Since receiving the product, I believe that description on the website regarding the product was inaccurate and misleading.

I have contacted the website to explain my feelings and they have since changed the product description. I have asked for a refund as a goodwill gesture, but they have refused my request by saying, "The brief for the product description is given to us by the products manufacturer, therefore if there are inaccuracies with the product the responsibilty resides with them. Unfortunately we cannot offer you any compensation"

Surely the website who I purchased the product off have a legal right to ensure that the descriptions they use on their website are accurate.

I am currently awaiting a reply from the manufacturer.

Can anyone advise what my rights are?
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Comments

  • snoony2
    snoony2 Posts: 181 Forumite
    I'd be interested to know this

    I would have thought responsibility lies with the seller too
  • Raksha
    Raksha Posts: 4,570 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'd also say it's the responsiblity of the seller to ensure the copy he uses is correct. He can then take it up with the manufacturer, but his responsiblity is to you.
    Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.
  • El_Rey
    El_Rey Posts: 410 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I'm glad I'm not the only one who thinks it is the responsibility of the seller.

    Does anyone have any concrete proof though?
  • If it's from a UK-based company you have a 7-day cooling off period during which you can request a refund to quote the BERR website
    The right to cancel allows the consumer time to examine the goods or services, as they would have when buying in a shop. The cooling off period starts when the contract is concluded and ends 7 working days after the day the goods are received (for services, 7 working days after the order is made). However, if a service starts immediately, before the end of the cooling off period, the consumer must be informed (in a durable medium) that they will not be able to cancel once it starts.
    The cooling off period and right to cancel do not apply to contracts for:
    • goods made to the customer's specification;
    • perishable goods (flowers, fresh food);
    • CDs, DVDs, and tapes with software, audio or video if unsealed;
    • newspapers and magazines;
    • betting, gaming and lotteries
    http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38102.html

    If your in the 7 day period (and isn't for an exempt item) tell you are requesting a refund under the Distance Selling Regulations and that you will take it up with Trading Standards if you don't get a refund.
    "One thing that is different, and has changed here, is the self-absorption, not just greed. Everybody is in a hurry now and there is a 'the rules don't apply to me' sort of thing." - Bill Bryson
  • El_Rey
    El_Rey Posts: 410 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Unfortunately I've had the product for over 7 days.
  • do you have a screengrab of the webpage with the 'misleading' details?

    Also may help if we know the item/details.
  • I recently bought a digital camera from ebuyer, The description stated and still does that the camera comes with a power cable. It does not!! I would not have bought the camera if i thought it did not have a power cable.

    I have contacted ebuyer and they have said return it if your not happy with the product. As its only 4 days before christmas this is not something i can do.

    Legally can anyone tell me if i have a case for compensation,

    The description is:
    http://www.ebuyer.com/product/142414
  • Legally can anyone tell me if i have a case for compensation

    Compensation for what??
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
  • Kavanne
    Kavanne Posts: 5,093 Forumite
    I have just bought this item, what do you mean by power cable? Do you mean USB cable? I have wrapped mine all up as is it a gift but I would be interested to know the answer to this.
    Kavanne
    Nuns! Nuns! Reverse!

    'I do my job, do you do yours?'

  • Nex0
    Nex0 Posts: 913 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I recently bought a digital camera from ebuyer, The description stated and still does that the camera comes with a power cable. It does not!! I would not have bought the camera if i thought it did not have a power cable.

    I have contacted ebuyer and they have said return it if your not happy with the product. As its only 4 days before christmas this is not something i can do.

    Legally can anyone tell me if i have a case for compensation,

    The description is:
    http://www.ebuyer.com/product/142414

    I cant see it saying it comes with a power cable anywhere.

    I did see this thlough.
    Miscellaneous Cables Included USB cable ¦ A/V cable
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