Marks and Spencer

bigsquid

Hi,
I recently put in an order for the 46'' W5500 Sony TV on the M&S website for £999. They then sent me an e-mail saying they have cancelled my order as they were out of stock of this TV. The order dissappeared from my M&S account and I removed all my card details etc. The next day the delivery guy called me said my TV was ready to be delivered and it arrived today but the 37'' version. They have not taken any payment(and they don't have my card no.) and there are no details about any order on their website. At the moment I have a new free TV;) although I guess they're gonna notice when they do a stock check or whatever. What should I do now? Wait untill the 46'' comes in stock and say I want to exchange? Not tell them and hope they don't notice?;) They can't take any cash without asking me so maybe I should just wait for them to contact me?

Dreamnine

I would be honest.. But at least you have free use of a tv in the meantime.

damo24

If you keep the tv you are assuming rights of ownership and as such you are committing theft and theoretically M & S could have you arrested.

They are more likely to contact you when they realise the mistake and ask you to return or pay for it. If you have used it they will ask you to pay for it and sue you for the cost if you refuse.

You could take the risk and just keep it but I wouldn't advise it.

isofa

It'll only be a short while before they realise what's happened.

So do you sit on it, and look like a thief when they contact you; or tell them immediately and be honest - and get results in your favour.

Hmmm tricky one :rolleyes:

bigsquid

Obviously I'm not going to steal the TV and this situation is all of M and S' making. Do they have to replace the TV with the one I ordered? Do you enter into a contract with retailers only once they take payment?

bigsquid

Maybe I should've mentioned that the original price of £999 must've been a mistake on the website cos the TV is worth at least £300 quid more than that. Thats why I ordered it in the first place.

thelawns

Just keep the TV in it's box for a week or so and see what happens.

It's not theft at all, it was delivered to you and you signed for it. If they realise the mistake then they can simply arrange to have it collected, if they don't then happy days! :T

Marty_J

thelawns wrote: »

Just keep the TV in it's box for a week or so and see what happens.

It's not theft at all, it was delivered to you and you signed for it. If they realise the mistake then they can simply arrange to have it collected, if they don't then happy days! :T

It might not be "theft", but it is obtaining goods by deception.

Are you telling me if you ordered a new TV and it was delivered to your neighbour's house, because they signed for it, you would be all right with them keeping it?

isofa

bigsquid wrote: »

Maybe I should've mentioned that the original price of £999 must've been a mistake on the website cos the TV is worth at least £300 quid more than that. Thats why I ordered it in the first place.

Well if you are honest they may well honour the price, if you aren't, I doubt you'll be the first in line from any favours from them. :rolleyes:

thelawns

Marty_J wrote: »

It might not be "theft", but it is obtaining goods by deception.

Are you telling me if you ordered a new TV and it was delivered to your neighbour's house, because they signed for it, you would be all right with them keeping it?

Why is it deception? The courier delivered it to his address and it had his name on it?

If they delivered it to a neighbour, then for starters it wouldn't say Mr TheLawns on the delivery note would it? I would then dispute the delivery and wait until they collect it from my neighbour Joe Bloggs or deliver me a new one. It's not hard is it? If all else failed, I would then do a charge back on my credit card or paypal. :rolleyes:

ccsurvival

Moral dilemma.... ohh the pressure :-P

I would ensure when the old TV comes back in stock that you request they honour the price of your original order...

Dont forget to use your cashback sites aswell