Sold me wrong product Currys - Wants it back

halljkl

Hello All,

I reserved online a digital SLR camera from Currys, paid and also bought a memory card for it, I have opened it and have been using it, I bought this Sunday morning, However today I get a phone call telling me that they have given me the wrong camera and I need to return it ASAP and they will give me another one as this one is £200 more.

What are my legal rights with this?

Thanks in advance

Swans1912

oooo.. Will be interested in this. They have sold it to you, you paid! Surely it is now yours, your property.

Providing you haven't gone out of your way to make sure they gave you the wrong one I do not see how they can legally demand it back!

Either way... I would not be going out of my way to take it back.

Ivory_Tinkler

Surely if they take it back they are taking back a now used camera which certainly won't be worth £200 more! Not sure on the legalities of this but if they made the mistake and you have paid I can't really see that they can make you take it back.

halljkl

No, I didn't even know until they phoned that it was the wrong camera, its the same make Sony, just a better model. That's what I thought, the woman said "Pat" will be in tomorrow and will change it for you, but there's no way im going out of my way after work to take this back, they can wait until at least weekend.

halljkl

The thing I can't understand is surely he would have had to scan the item to sell it to me, and wouldn't it have shown up with the wrong place and item then.

Colliefrog

Only problem you may have is if the description on your receipt doesn't match the actual camera you have been given. You may have problems if the camera becomes faulty as technically you won't have proof of purchase for that particular camera.

This happened to me once, except I was the person who gave out the wrong item. After a b0ll0ck1ng from my boss it was left at that, they never contacted the customer.

I bet if the camera was £200 less they wouldn't be calling!

LeeSouthEast

Watching with interest. No answers, but watching with interest!

halljkl

That's the only thing I thought about the guarantee, oh and I just remebered I took out the extended £2.99 a month warranty, so I will have to cancel that and hope it doesn't break.

So in your case had it cost £200 more do you think they would have asked for it back? The thing is they will not be able to sell this for £200more because it's opened and its been used, They are surely going to loose £200 on this.

Colliefrog

I can see both sides to this...

They put the camera through the till and presumably told you the price before you paid? Isn't that classed as the invitation to treat? You paid the price they asked for so surely they cannot ask for it back? Also, like Ivory Tinkler said, the camera is now used and no longer worth it's original price and if they are anything like Argos, they are not allowed to sell second hand goods?

But on the other hand.... if you had bought a camera and been given one that was worth £200 less then you'd be straight back to shop to get the correct one.

If it was me, I'd be tempted to keep the camera stating that they offered you the camera for £XXX.xx and you accepted.

The only thing I would be worried about is if the camera developed a fault like I said before.

Let us know what happens!

dacouch

I hope they have one of those "Exam your change as mistakes cannot be rectified once you leave the store" signs. As just occassionaly these signs work against the shop keepers

DrScotsman

Comet or Currys - can't remember which - My mum wanted Wii Play (£35) from them. This was in the month that the Wii had been released. For some strange reason she paid on the phone then gave my dad the order number to pick it up.

My dad got there, the staff member told him that all of the Wiis were accounted for according to the stock control, and that he had to persuade another staff member to give his up.

I am at a complete loss as to how they made that mistake, but what do I care, it got me a Nintendo Wii.

Of course this doesn't really have anything to do with the OP's question. I'm no expert but I say keep it, the contract was formed when you paid. If you decide you want to give it back to them, demand they come to you - what would they do if you lived in Edinburgh and bought it in London? Their mistake, their inconvenience.