Wrong product delivered (misprice?), what's my rights?

adam.mt

Hi,

I've been looking for a graphics card upgrade for my desktop computer for a a little while now and every few weeks check to see current offers.

Last week I noticed a "Sapphire HD5870 Vapor-X OC Graphics Card" being offered by Marketplace seller AVIDES Media on Amazon.co.uk for £198.39 (new) so thought "bargain, they've obviously dropped in price due to talk about the 6000 series" and purchased.

The sale went through fine and I received confirmation for the 5870 purchase from both Amazon and Avides Media.

It then occurred to me that at that price why don't I go the whole hog and buy a second to crossfire; so I did.

Well, the cards have arrived today (shipped from Germany by DHL it seems) and although the receipt/invoice and retailer stock stickers on the individual boxes are correct, the cards are actually "Sapphire HD5770 Vapor-X OC"!

Checking back on Amazon I see Avides are no longer selling the cards, but others are at about £350 each. Searching elsewhere the cheapest I can find is about £300 (for a non-overclocked model); although Aria did recently sell a limited number for £235+delivery.

Thus, where do I stand?

- can I insist they take them back and supply what I ordered?
- claim compensation for lack of the deal?
- or just settle for a refund including the return cost?

I've tried googling to try and find what my rights actually are but can't find similar cases. Most links simply say a misprice doesn't have to be honoured if it's noticed before money is taken. Well, in this case money has been taken and the product delivered - just it's the wrong one!

Thanks for any assistance.

I'm guessing I'll just have to settle for a refund and the minor inconvenience, but was wondering if anybody actually knew my rights in this situation, ie. could I indeed demand what I ordered?

neilmcl

You could try the first suggestion, failing that ask for a full refund incl return costs as the item is not "as described". Forget about the compo bit, this is a non starter, you haven't exactly any real losses to be compensated for.

Sandoval

I love the immediate call for compensation. Well done you.

adam.mt

Erm, yes - scrap option 2; asking for a bit much isn't it!

My point is that I'm okay with returning and getting a refund (just means I didn't get the deal I thought I had, hopefully shouldn't be out of pocket) but it did make me think "exactly what are my rights in this situation", thus the enquiry. More, out of interest really, rather than wanting to make from it. Anyone know for sure, or know where it's published online?

pendulum

You will probably have to pay for the return cost (and to Germany if that's where they're based, did you buy from an international seller or is the company in the UK).

The_Pedant

I think that raises a very valid point .... what law applies when buying from a marketplace retailer?

The seller information from Amazon.co.uk states

About Seller

AVIDES Media AG
Am Saegewerk 6
27386 Hemsbünde
Germany

However, is amazon effectively acting as the agent here (and so you're almost buying through Amazon essentially)? After all, if you go to Amazon.co.uk, are you expected to check the details of every marketplace seller you buy from to determine what rights may apply? You tend to take it on faith that you're buying effectively from a UK store still and thus afforded the same protections, rather than having to research all applicable laws.

It certainly sounds like a clear case of goods not as described ... but as always, there's little details on exactly where one stands with it being a seller based outside of the UK.

I'm not sure what the answer is .... but I'm really interested to know the answer.

adam.mt

^ bump.

I've advised the company of the mistake (wrong goods received) and they've emailed a standard reply and details how to return the goods post paid. Thus, thankfully I'm not out of pocket.

However, in light of a couple of other threads on here am I not entitled to pursue the company to deliver the correct goods?

In essence:
- they've advertised a product and taken an order
- confirmed the order
- taken the money
- delivered goods and a receipt for what I bought
- I've opened the delivery to find the wrong goods supplied

Are they not breaking the sales contract? Can I get them to supply what I actually ordered or should I just settle for a plain refund?

Esqui

Settle for a refund

The_Pedant

am I not entitled to pursue the company to deliver the correct goods?

Typically the terms & conditions contain clauses to allow them to cancel if they are not able to supply goods (due to stock not being available etc). At the end of the day after all, if they haven't got it, how can you force them to supply you with it?

In most cases, a refund to restore you to the situation you were in before the contract was agreed, is seen as a fair and equitable resolution. I believe that 'specific performance' to enforce delivery of a contract is something normally only considered where other options (refund/damages etc) are not seen to be fair etc. Considering the way prices change and how easy it might be to get a similar specced item for a similar price, I don't think anyone would entertain a suggestion of trying to force them to deliver (especially if they don't actually have any left in stock). In all small claims, how you would go about trying to settle any dispute with the seller is just as important, to show you are being reasonable.

Either make them a lesser offer for the lower spec goods, or just go for the refund.

Plus, in this case, you would have to be taking a german company to court.

CrashUK

adam.mt wrote: »

I'm guessing I'll just have to settle for a refund and the minor inconvenience, but was wondering if anybody actually knew my rights in this situation, ie. could I indeed demand what I ordered?

I have try to pull a as fast one on you.. try get a refund as fast as you can. If you dont you could end up with sending cards back and onholding for along time to get the right product and at the same time they still have your money and may never send you what you what.

Dont mess around just get your money back.

When things look to good to be true They are.

Hintza

You knew they were mispriced and you bought two, unfortunately it didn't work for you, be a gentleman and take it on the chin and return for a refund.