distance selling dispute

sarahg1969

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.

This is what the OP saw. No one is suggesting that she should receive a 52" TV, because they have made a mistake and they can therefore cancel. However, the issue was should they have sent a 15" TV? Which they should not have done, of course. At no point prior to receiving the confirmation email was a 15" TV even mentioned. The OP did not enter into a contract to purchase a 15" TV.

They should have just cancelled the order. However, as they didn't, and the TV is now on its way to the OP, she should be able to return it without penalty anyway (under the DSR).

So none of it really matters any more.

Art_2

Try and keep up dear!!

The confirmation did not say 52" it said 15" and this is the first step of the order being confirmed.
Quote: '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.'


Also the OP must have realised something was wrong. Who normally takes screenshots of the order knowing that it will all be in an email that will follow within minutes.

Regards,
Art.

Colliefrog

It would be interesting to see the screen shots and see how much they were advertising the 52" TV at. If it was for the price of a 15" (around £100?) then the OP should have realised it was not for real!

Art_2

Colliefrog wrote: »

It would be interesting to see the screen shots and see how much they were advertising the 52" TV at. If it was for the price of a 15" (around £100?) then the OP should have realised it was not for real!

Fully agree with you. There's a saying, 'If something looks too good to be true it possibly is'. (or something like that)

Regards,
Art.

advent1122

omen666 wrote: »

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

Yeah I know.
I ordered a £50,000 BMW from BMWS 'R' US.
Imagine my surprise when a Skoda arrived a week later.
I got in touch with BMW but they said "You cannot do anything legally, we have the right to change it"

sarahg1969

Art wrote: »

Try and keep up dear!!

The confirmation did not say 52" it said 15" and this is the first step of the order being confirmed.
Quote: '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.'


Also the OP must have realised something was wrong. Who normally takes screenshots of the order knowing that it will all be in an email that will follow within minutes.

Regards,
Art.

The OP had completed every step, and all the time was shown information for a 52" screen. It was not until she purchase had been completed and she received the confirmation email (not just confirmation page during the order) that any mention was made of a 15" TV. By that time, she had completed the deal from her end.

She even says that she has saved details of the completed purchase from the site which show a 52" TV.

"I have screenshots, saved code of the complete purchase all of which describe the 52" model."

She wasn't even aware that she had "purchased" a 15" TV until she recieved a confirmation email. Of course, one supsects that she may well have known that the price was too good to be true for a 52" TV (hence saving the screenshots), but it seems she had no idea what the price really did relate to until she received an email after completion of the order.

The store should just not have sent it.