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Wrong item received, Who foots return costs?

Me again :)

Always getting into trouble aint I :(

Aaaanywho I ordered a monitor, website and info from store all showed black monitors. I have received it today and lo and behold it's silver.

I have taken a screengrab, saved the website and also a forum post showing the monitor as being black.

Obviously this is not what I ordered, I'd just like some clarification on if they can demand I send back at my expense or if the place I bought it from should foot the bill, it's a fair size item and reasonably heavy so I would expect it to cost ~£20 to post via insured means.

As a little bit more info the item itself does bear the model number of the one I ordered only difference being included cables and of course colour :(

Thanks guys
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Comments

  • bbelt
    bbelt Posts: 117 Forumite
    they foot cost.

    goods not as described - material breach of sale of goods act - section 13.
  • Meepster
    Meepster Posts: 5,955 Forumite
    Nope, if they sent the wrong model, they should be paying for it to be returned and for re-delivery of the correct product. If they don't have the product you want, then they should be giving you a full refund, without any deductions for carriage...
    If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands

  • NVRAM
    NVRAM Posts: 298 Forumite
    Same model as described on site, differences being this is silver and it missing a few cables compared to the description of it.
  • Mark_Hewitt
    Mark_Hewitt Posts: 2,098 Forumite
    It's not as described. Clear cut.
  • One thing that would not make it clear cut if you ordered it on the web is if on the order form there was a choice of colours for the same model number. You quite often get that with clothing - a picture on the website of something in one colour and when you get to the virtual checkout you click on a box with a choice of colours. If this happened then the vendor has a case - if not - he should foot the bill.
  • NVRAM
    NVRAM Posts: 298 Forumite
    They've arranged a courier to pick it up :)
    Was as I thought the not as described route.

    Thanks guys :)
  • Firefox1975
    Firefox1975 Posts: 461 Forumite
    small print usually gives a disclaimer for the vendor to supplier an alternative colour if "out of stock". I would imagine they will deliver and expect to pick up at the same time however! (i.e if your not in and don;t hand the old one over - they will not give you the correct one!)

    Items like this are notorious for going missing in warehouses and for stock takes etc.
  • NVRAM
    NVRAM Posts: 298 Forumite
    edited 7 August 2009 at 1:38PM
    They had arranged a courier for before 1pm today.
    Courier has not shown.
    They confirmed they would be collecting as not described and giving a full refund.

    I requested this timeframe and the company aknowledged this and confirmed a courier booked for these times.
    I requested the consugnment/tracking number but the company refused as the courier apparantly would not speak to me.

    Now Im assuming I have to stay in another day and wait even longer for my refund.
    Needed the cash to order from somewhere else before they go out of stock of the other item :(

    Can I request they initiate a refund whilst I am awaiting for them collecting?
    the item has been packed up as instructed and is just waiting for someone to collect.

    Feel free to shoot me down on that one as while typing it I realised it comes out nothing like I meant lol. I mean with regards to me upholding my side of the agreement packing it up and waiting til 1pm, through no fault of my own Im now going to have the hassle of rearraging all of this again and hoping the deal with this correctly.
  • Firefox1975
    Firefox1975 Posts: 461 Forumite
    Sorry my friend

    I doubt they will instigate a refund until they have the monitor back and it has been tested. Even if the courier picks it up today it will probably be Monday when they receive it, hopefully they might test and refund on the same day but I would guess it is looking more like Tuesday before you will get anything back.
  • Firefox1975
    Firefox1975 Posts: 461 Forumite
    Oh and don;t forget what i said about items like this going missing, Make sure the driver sigsn for the collection - get his name - (and try and get the reg number of the van to be safe) Not all couriers are helpful and have big signs like "DHL" stuck all over their sub contracted vans!! :-)

    i'd email all the above to your company immediately after it has been collected.
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