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Given wrong TV

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  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 June 2011 at 10:48PM
    FreeView HD

    To follow up John Lewis is doing the Freeview HD for £429 With a 5 Year Guarantee although they seem to be breaking the law on WEEE recycling which they offer for £9 when it should be Free.

    Also Richer Sounds is offering the TV for £417 with a 5 year Guarentee Link (Or £379 without)
    Slightly off-topic, that's not strictly true. A retailer must dispose of the item for free if the customer provides the waste item. They can, as in this case, charge a fee to collect and dispose on the customer's behalf.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 13 June 2011 at 12:38AM
    neilmcl wrote: »
    Slightly off-topic, that's not strictly true. A retailer must dispose of the item for free if the customer provides the waste item. They can, as in this case, charge a fee to collect and dispose on the customer's behalf.


    Well they state they can't accept WEEE items in store, and will charge to pickup.

    Ergo
    If they're selling EEE to the public, retailers will have to ensure that their customers can return their WEEE free of charge.
    from http://www.environment-agency.gov.uk/business/topics/waste/32100.aspx John Lewis seems to be avoiding that part.


    Although the regulations don't specifically say that the retailer has to offer instore or collection. Though having WEEE items picked up from your home will cost you, how much it depends on the council. So it seems the ONLY way is to return the item to a company that does FOC WEEE recycling or drop it off at the skip yourself. Still when Dixons group offers a FOC collection like for like on delivery or unlimited WEEE recycling in store without purchase its a area JL is lacking.
  • tomwakefield
    tomwakefield Posts: 8,036 Forumite
    Flyboy152 wrote: »
    I think this is a tricky one, because you asked for a certain item and agreed to pay the offered price, thereby completing the contract. However, when you got it home you discovered it was not the item you asked for and made an offer to purchase. On that basis, it is possible that it could be argued that they are contractually obliged to give the television that you thought you had bought for the price you paid.
    Strictly speaking, the customer offered to pay the displayed price, and the contract wasn't formed at that point. Then it's a bit of a grey area as the acceptance was on a different product.

    OP - I recommend taking it back, getting a refund and buying it from Amazon for £394.93 or, if you live near a Richer Sounds, £379.95 (in-store exclusive). It'll be a long fight if you want to get anything other than a refund out of them.
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  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Go back to Sainsburys and ask to speak to the actual store manager, he will have far more power than a team leader.
  • ceebeeby
    ceebeeby Posts: 4,357 Forumite
    Part of the Furniture
    Why don't you give Sainsbury Customer Service a call first and speak to someone there - it's not like you can pick it up and put it in a carrier bag easily and wander round the store.

    Did you get the name of the person you spoke too - at least you witnessed him removing the label so can say who did it.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Strictly speaking, the customer offered to pay the displayed price, and the contract wasn't formed at that point. Then it's a bit of a grey area as the acceptance was on a different product.

    OP - I recommend taking it back, getting a refund and buying it from Amazon for £394.93 or, if you live near a Richer Sounds, £379.95 (in-store exclusive). It'll be a long fight if you want to get anything other than a refund out of them.

    Which is why I said it was a tricky one. The offer to pay the price was based on the advertised price of the television set the OP thought she was buying. When the money was paid and the OP left the shop with the goods, the contract was concluded. The argument is going to be, was there a contract to buy the first television set, or the second.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • squibbs25
    squibbs25 Posts: 1,324 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi guys,

    Just to update you, i rang Sainsburys this morning and asked to speak to the manager, the manager was in a meeting but the customer advisor took the details, anyway she rang me back about an hour later to say take the tv back and they will replace it with the model advertised, the manager spoke with the young man that si spoke to yesterday and confirmed what i said was true.

    Result!

    Thanks for all your help and advice.
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  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    squibbs25 wrote: »
    Hi guys,

    Just to update you, i rang Sainsburys this morning and asked to speak to the manager, the manager was in a meeting but the customer advisor took the details, anyway she rang me back about an hour later to say take the tv back and they will replace it with the model advertised, the manager spoke with the young man that si spoke to yesterday and confirmed what i said was true.

    Result!

    Thanks for all your help and advice.

    LOL :laugh: If I had a pound for every time I heard that one, I wouldn't need to play the lottery every week. :rotfl::rotfl:
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
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