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Please advise me x

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Hello all,

Last week i purchased a mattress topper from ebay, and this morning i have recieved this email from them ;

[FONT=arial,sans-serif]Hello,
Thank you for your purchase of this item. Unfortunately we have noticed an error in the listing and have terminated it on ebay.

Quite simply the thickness of the product was mis-quoted as 5cm, but should have read 2.5cm. All other detail is correct.

We are not able to supply the 5cm product for the price listed, so we propose to make you a full refund. However, there are TWO alternatives you may wish to consider.

1. That we continue with the order, but supply the 2.5cm item.

2. That you pay an extra £30 (normally £38) and we supply the 5cm item.

Please be advised that Due to Overwhelming demand, the pair of pillows included with this item will be delivered separately in approx 2 weeks.

Now what i want to know can they do this? If it was in a shop and i had paid then they turn around and say it is the wrong price can i pay more, i would tell them where to go! But as its on the internet, i am unsure of my rights, i really thought i would be getting this tommorrow my poor back :(

Thankyou x
[/FONT]

Comments

  • k8te wrote: »
    Hello all,

    Last week i purchased a mattress topper from ebay, and this morning i have recieved this email from them ;

    [FONT=arial,sans-serif]Hello,[/FONT]
    [FONT=arial,sans-serif]Thank you for your purchase of this item. Unfortunately we have noticed an error in the listing and have terminated it on ebay.[/FONT]

    [FONT=arial,sans-serif]Quite simply the thickness of the product was mis-quoted as 5cm, but should have read 2.5cm. All other detail is correct.[/FONT]

    [FONT=arial,sans-serif]We are not able to supply the 5cm product for the price listed, so we propose to make you a full refund. However, there are TWO alternatives you may wish to consider.[/FONT]

    [FONT=arial,sans-serif]1. That we continue with the order, but supply the 2.5cm item.[/FONT]

    [FONT=arial,sans-serif]2. That you pay an extra £30 (normally £38) and we supply the 5cm item.[/FONT]

    [FONT=arial,sans-serif]Please be advised that Due to Overwhelming demand, the pair of pillows included with this item will be delivered separately in approx 2 weeks.[/FONT]

    [FONT=arial,sans-serif]Now what i want to know can they do this? If it was in a shop and i had paid then they turn around and say it is the wrong price can i pay more, i would tell them where to go! But as its on the internet, i am unsure of my rights, i really thought i would be getting this tommorrow my poor back :([/FONT]

    [FONT=arial,sans-serif]Thankyou x [/FONT]

    You are able to turn round and tell them where to go and get your money back.

    If you want the thicker one pay for it, or accept the smaller one.

    Theres no obligation for them to deliver it and even if there was it wouldnt be worth your time enforcing that through a court.
  • Mark_Hewitt
    Mark_Hewitt Posts: 2,098 Forumite
    If it is a genuine mistake then they are well within their rights. However you are well within your rights to cancel your order and ask for your money back. As they are not fulfilling the contract they entered into.

    I'm not sure why you want advice on 'x' however..
  • They are offering you a refund, or to supply the right goods at the price you went for, or different goods at a higher price. Since they are offering you a refund in the 1st instance, what's the problem? They are not trying to hold you to ransom.

    Yes, it would be nice if you could force them to supply you with the goods you wanted at the price you wanted, but they don't have to and you can't make them.
  • phlogeston
    phlogeston Posts: 228 Forumite
    Yes, it would be nice if you could force them to supply you with the goods you wanted at the price you wanted, but they don't have to and you can't make them.

    As the OP has a contract with the seller for the supply of goods, then technically they can force them to supply the goods that have been paid for.

    However, the practicalities of such an option make a refund the better option.
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