Debenhams pillow advertised incorrect what am I entitled to?

Tozer

DonnySaver wrote: »

I contacted Debenhams weeks ago when I first received the pillows. They said that it would have to escalated to supervisor level for a 'Product Information Review' and someone would get back to me within 5 working days. They didn't get back to me so I sent Debenhams Customer services an email. They didn't get back to me again and so I rang them again yesterday. The person I spoke to on the phone told me that I was mis-informed about the length of time it takes to do a 'Product Information Review' - it was in fact 4-6 weeks !! I replied that somebody must have already conducted the review because the product description on their website had now changed. (Luckily I do still have a screen shot of what it used to look like as I had a feeling they'd go and change it).

I was then told that it was simply a human error on the website and all they could do was send me another 3 pillows but they would have to charge me for them and pay the postage again!! Where on earth has customer service gone?

So, I'm going to see what Consumer Direct tell me to do. If I haven't got any rights then that's that, I'll get my bedding from John Lewis or M&S in future.

Too late for Distance Selling Regulations to apply.

RadoJo

I think it depends - what you would accept from Debenhams?
Clearly you want three extra pillows at no extra charge, which it seems isn't going to be forthcoming from Debenhams, so you are left with either keeping the pillows you have or getting a refund on them and buying double the number of pillows elsewhere. I would have thought that if they were going to offer you anything over and above a refund (which I suspect is all you're actually entitled to) then they would have done by now, so your best bet is probably to enquire about returning them for a refund and taking your custome somewhere else.

DonnySaver

Too late to send them back I'm afraid. My missus couldn't wait any longer for Debenhams to sort themselves out and so has already put them on the beds. I think I may be stuffed (pardon the pun). Just won't buy anything else from Debenhams.com in future.

DonnySaver

Just thought I'd give you all an update. Consumer Direct got back to me and told that it all depends on the T&C's of Debenhams website and , in particular, at what point a contract is formed. This is what I found:-

2.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the goods you have ordered are despatched from our warehouse to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card (see 2.3 above) or we have sent acknowledging e-mails (see 2.4 above). Very occasionally an error may occur resulting in the goods described on our website not being the goods actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other goods we may have available or the goods which may have been despatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect goods despatched will be collected for full refund.

So, basically, they've covered their backs with the highlighted statement above. I told Consumer Direct and they have said that they will inform Trading Standards about it as it is not a very good way of putting it. Nevertheless, I'm not going to be getting my extra pillows, even though Debenhams made the mistake. Ho Hum.

sarahg1969

But they DID accept your order, and then they sent you only half of it, so that section of their T&Cs is irrelevant.

DonnySaver

sarahg1969 wrote: »

But they DID accept your order, and then they sent you only half of it, so that section of their T&Cs is irrelevant.

Yes, but, according to Debenhams, what they sent me was correct. It was the product description of the pillows on their website that was wrong. Therefore, they've covered themselves. Consumer Direct have told me I don't have a claim against them other than to send the pillows back and get a refund - which I can't do.

I've decided to forget this now and simply not purchase anything from Debenhams.com in the future.

Darksun

DonnySaver wrote: »

Yes, but, according to Debenhams, what they sent me was correct. It was the product description of the pillows on their website that was wrong. Therefore, they've covered themselves. Consumer Direct have told me I don't have a claim against them other than to send the pillows back and get a refund - which I can't do.

I've decided to forget this now and simply not purchase anything from Debenhams.com in the future.

It still might be worth writing a short letter to their head office, there's a chance they'll give you some money or vouchers as a gesture of good will.