distance selling dispute

darianva

Hi All you smart money savers,
I hope you can advice the next steps that I should take in regards to recent internet transaction.
I will not name the web site portal to prevent any naming and shaming, but here is what happened yesterday.
On a popular electronic web portal I found a 52" LCD TV for a unbelievably good price.
All the details of the TV, including images and manufacturers code was for the correct 52" model.
I proceeded to checkout and completed the purchase on my credit card, the amount was taken from my account (not just authorised, as I believe if its only been shaddow'd or auth;d it can be cancelled on their part) immediately, and the order processed.
I have screenshots, saved code of the complete purchase all of which describe the 52" model.
However when I received the confirmation mail something didnt look right, as they were now trying to deliver me a 15" model with a different model number to that which I ordered.
I used a online chat facility that the portal has, and the kind lady said I would receive the item that I ordered. She repeated this several times until she realised what the actual issue appeared to be. Shortly after the listing got removed and she backtracked her words to say I would now receive a 15" model not the 52" model.

Sorry for the long note, but where do I stand legally, what can I and what should I do?

I look forward to the advice, as I know someone must have experienced something similar.

Regards

omen666

You cannot do anything leagally they have the right to change it

sarahg1969

They do not have the right to change it. However, if it was a mistake, then they can cancel it. The OP clearly ordered a 52" TV, and it was not until receiving the email confirmation that she was told it was a 15" TV. She therefore had a contract to buy a 52" TV. If there was a mistake, then the seller can either cancel or provide the 52" TV that the OP ordered. They cannot force the OP to accept a 15" TV. The two items are not even similar, so it would not even make sense.

Mark_Hewitt

Yes the retailer (I'm assuming it's Comet!) does have the right to cancel if the listing was in error. Unless you have received the goods and made payment. In this case the goods have not yet been dispatched. All that will/should happen is the order is cancelled. As you didn't order a 15" TV!

Besides you have the right to return the item until the distance selling regs anyway, and don't let them charge you postage, it's *their* mistake, not yours.

darianva

it wasnt comet, this is a online electrical store only.
they have processed the order and have already dispatched the 15" tellie.

so is the only thing i can do to return the TV for a full refund of payment and postage?

Hailz86

I think they have to sell you the itemadvertised at that price as you paid for it before they changed their mind, thus forming a contract for that item. I could be wrong xx

sarahg1969

Hailz86 wrote: »

I think they have to sell you the itemadvertised at that price as you paid for it before they changed their mind, thus forming a contract for that item. I could be wrong xx

Not if they've made a mistake. They can cancel it in that case. But I'm pretty sure it's not on for them to provide an entirely different product instead. They should have just cancelled.

However, if it's now on its way to the OP, then the best thing he can do is contact the retailer and arrange a return, insisting that ALL delivery charges are refunded too.

maninthestreet

The DSR apply - just return the item to Comet as soon as it arrives - you have 7 days in which to do so.

Art_2

The order is not confirmed until goods have been dispatched and in this case the 52" was not dispatched. It's obviously a mistake and you seem to have spotted this when you went onto the website. You have no case.

Regards,
Art.

sarahg1969

Art wrote: »

The order is not confirmed until goods have been dispatched and in this case the 52" was not dispatched. It's obviously a mistake and you seem to have spotted this when you went onto the website. You have no case.

Regards,
Art.

The OP did not receive the information that it was a 15" TV until she received a confirmation email.

Art_2

sarahg1969 wrote: »

The OP did not receive the information that it was a 15" TV until she received a confirmation email.

But it didn't say 52". At the point of dispatch they sent a 15". I think the OP knew there was something wrong when she first saw the price and description.

Regards,
Art.