Legal position on advantageous wrong item

teabelly

Seen this on another forum and wondered what the full legal position was.... if you buy an item in a shop and that the item turns out to be a more expensive model where do you stand? Does it make a difference at what point you realise? You have the item for the cost of the lower model but in the box for the lower model not the higher model that actually ends up in the box.

Personally I'd return it and say it is the wrong item but would it be legal to keep the higher value item (not morally right to me) and would also depend on what the receipt said - whether it said the higher model or the lower model?

Obviously if you bought the higher model and was given the lower model then you'd be straight back into the shop but does the sign 'all mistakes have to be rectified before leaving the shop' apply in reverse ie once you leave the shop the retailer can do nothing about their mistake if it is at their disadvantage? Is that kind of sign even legal anyway?

Darksun

Something to bear in mind that if something goes wrong with the item, then you wouldn't be able to get a repair/replacement/refund, so depending on the costs involved it it may be in your best interest to point out the mistake regardless of the legal position.

vuvuzela

If you need to return it and the model is different to that on the receipt, you will have problems.

teabelly

That would depend on what it said on the receipt I guess. If it stated the higher model and the wrong price was paid then it shouldn't be an issue. I'm fairly certain due to quietness of original poster on the other forum the lower model is on the receipt! But if you registered the warranty with the manufacturer stating when and where you purchased it, it could also open up a can of worms as the shop won't necessarily have a record of selling that item.

I think they're being really dumb in not taking it back. Best case is the shop realises it is their mistake and lets them keep the item but amends the receipt. Worst case is they get the item they paid for with the correct receipt.

Trinitrotoluene

A receipt is not strictly required though if the piece of equipment needs to be repaired - he can simply give proof of purchase via bank statement.

cardinalbiggles

Trinitrotoluene wrote: »

A receipt is not strictly required though if the piece of equipment needs to be repaired - he can simply give proof of purchase via bank statement.

There is also no requirement for a shop to issue a receipt either...

Flyboy152

Darksun wrote: »

Something to bear in mind that if something goes wrong with the item, then you wouldn't be able to get a repair/replacement/refund, so depending on the costs involved it it may be in your best interest to point out the mistake regardless of the legal position.

That would only if you return to the retailer. If you return to the manufacturer, it may be different.

Flyboy152

teabelly wrote: »

Seen this on another forum and wondered what the full legal position was.... if you buy an item in a shop and that the item turns out to be a more expensive model where do you stand? Does it make a difference at what point you realise? You have the item for the cost of the lower model but in the box for the lower model not the higher model that actually ends up in the box.

Personally I'd return it and say it is the wrong item but would it be legal to keep the higher value item (not morally right to me) and would also depend on what the receipt said - whether it said the higher model or the lower model?

Obviously if you bought the higher model and was given the lower model then you'd be straight back into the shop but does the sign 'all mistakes have to be rectified before leaving the shop' apply in reverse ie once you leave the shop the retailer can do nothing about their mistake if it is at their disadvantage? Is that kind of sign even legal anyway?

It might depend on when you were aware of the mistake. If you were aware of the mistake, before you went to the point of sale, then yes, it might (in the extreme), be considered theft.

Mk14:37

I once booked a transit van with a small rental outfit in Preston, Lancs. Got to the office to be told that they didn't have that class of vehicle, but they'd give me a larger one for no extra cost.

Returned the van the next day, turns out to have had a slow puncture and they mugged my credit card for the cost of replacement tyre!

So I'd disagree with Aesop, and be more likely to look a gift horse in the mouth.