Can I get a refund for this?

Legacy_user

Basically, the other day I bought a television on behalf of my grandparents from Digital Fusion

It was about £40 cheaper than Dixons and they have a lot of good reviews online, so I thought I would go ahead and order it

The website stated 1 left in stock (on sunday)

Check the link below to see the site + TV

http://www.digital-fusion.co.uk/INU_common/INU_searchL9.ASP?searchstr=32c450&TestFieldLoginArea=

Anyway, got next day delivery and it came today, BUT...

I rang up today to see if they got it, and they told me that they received a phone call yesterday saying they needed an extra £40 which they paid by debit card

Obviously I started asking about what it was, and they said that someone called saying they had one left in stock which was scratched, but they had some different ones for an extra £40

I haven't seen the TV yet, but on the delivery note it says the model on there LE32C450E1WXXU which is the exact same one I placed the order for

If you check the link above, there are two listings, one with 1 in stock, another the exact same model for £40 more

I assume this is the one they sent out, and I think it's disgusting

It seems to me (and I can't say whether this is true or not) that they have one listed with 1 in stock and let you order it (as it's still listed 2 days later) but then try and cheat more money out of you

I just wanted to check on here before I ring them to see if I can do anything, as my grandparents have already accepted the extra charge and set the TV up without speaking to me

gordikin

Why did you ring up to ask if they got 'it'...and BTW what is 'it'?

wealdroam

Well OP, it seems to me that the seller asked for another £40 and your grandparents paid it and accepted the tv on that basis.

I cannot see that there can be any discussion with the seller now on what the price should have been.

However, it does seem to be a bit of a sharp practice.
Get in touch with Consumer Direct/ Trading Standards.
It wont help you, but may help others in future.

System

gordikin wrote: »

Why did you ring up to ask if they got 'it'...and BTW what is 'it'?

I took my laptop over on sunday and ordered it (television) while I was there, with my email but their name/address/debit card

so it was delivered to their house

wealdroam wrote: »

Well OP, it seems to me that the seller asked for another £40 and your grandparents paid it and accepted the tv on that basis.

I cannot see that there can be any discussion with the seller now on what the price should have been.

However, it does seem to be a bit of a sharp practice.
Get in touch with Consumer Direct/ Trading Standards.
It wont help you, but may help others in future.

hmm, well I think I will still call them up about it, as they shouldn't be displaying it on their site but wanted to check on here first before they can do anything like edit the website to get out of it

to be honest, I thought it was an amazing price as well and was considering ordering one for myself, so I may do that anyway and then see if they ring me

Liam002

I would call and ask. It is strange that they have 2 items, same model and part number, with 2 different prices.

bris

If you ordered it online then you can cancel it under DSR within 7 working days. Pack it up and send it back.

dmg24

bris wrote: »

If you ordered it online then you can cancel it under DSR within 7 working days. Pack it up and send it back.

The cost of sending back a 32 inch tv will probably not be much less than the extra £40 they have paid!

dekaspace

dmg24 wrote: »

The cost of sending back a 32 inch tv will probably not be much less than the extra £40 they have paid!

I paid £70 to send a £750 tv fully insured 2 years ago(and it was smashed on arrival and then they sent me another bill for £50!) and I actually put the dimensions as higher than they were just in case(i.e a 30kg tv I put as 35kg)

System

So basically is that it?

The only option would be to pay to return it to them???

I can't believe they're allowed to do this...fair enough if it was a better model, but asking for an extra £40 for the exact same model?

I wonder what "extra features" the guy on the phone mentioned....

[Deleted User]

Sounds like this could be 'bait and switch' a prohibited practice under the Consumer Protection from Unfair Trading Regulations 2008. (CPR's)

Contact Consumer Direct ( do a google search) they will take details and pass this through to your local Trading Standards and the TS of the trader. Bait and Switch is a criminal offence under CPR's and would urge you to report this, as the trader could be using this ploy with other customers.

Without knowing the full facts in my opinion it could be that there is breach of contract and/or a breach of CPR's Regulation 5 - Misleading Action with regard to the price - again Consumer Direct can advise you on this when you speak to them.

Either way I would get a letter off to the company sharpish complaining about this tactic and seeking a refund of the extra £40.

Under the DSR's once you have cancelled the contract (within the cancellation period) the trader MUST issue a refund within 30 days even if you have not returned the goods - it gets a bit technical but google search for 'a guide for businesses on distance selling' (OFT Guidance) see page 25 para 3.46 as this will explain further. Have a read also of the section about cancellation rights and your/the traders obligations/rights about returning goods.

Hope this helps.

unholyangel

LooieENG wrote: »

So basically is that it?

The only option would be to pay to return it to them???

I can't believe they're allowed to do this...fair enough if it was a better model, but asking for an extra £40 for the exact same model?

I wonder what "extra features" the guy on the phone mentioned....

Depends what their T&Cs say. If they dont say who is liable for return postage then they would be liable for the return costs also. In fact i'm pretty sure unless it says you need to return them, your only obligation in that instance would be to make the goods available for collection.

Under DSR's they should refund your money within 30 days of receiving intent to cancel in a durable form. They cant make this dependant on the goods being returned BUT if their T&C's say you need to return it, they may possibly claim breach of contract separately.