Internet Purchase: What are my rights?

Garnett_F

Hi there.

I recently bought some sports clothing from a website. They were in a good sale (£25 reduced from £95).

When my order arrived there was a note: unfortunately what I wanted was sold out.

They had sent me a different item from a different brand. It was not in the sale (and priced at £70) but they'd charged me £25 all the same.

The item is a different colour to the colour I expressly stated I wanted, but it is quite nice.

I've looked on their website and they sell another item in the same range for £99. I prefer this model.

What are my rights negotiating with the company? Should I offer to pay half the difference between the two (£70 and £99 - so £15)?

Thanks for any advice.

derrick

They are in breach of contract as they have not supplied what you asked for, send them back,it should be returnable at their expense as they supplied the wrong items,Distance Selling Regs give you 7 days to return items for any reason or no reason, but you may have to pay for the postage, but in this case they supplied the wrong goods so they should pay for the postage, see THIS PAGE for more info.

Also THIS PAGE

Garnett_F

Thanks Derrick.

Think I'll use that as the basis for opening negotiations...

bigbak

They'll try and fob you off with some terms and conditions where they reserve the right to replace an item with a similar one.

Tell them to sod off and thank them for their gift we they can have back at their own expense if they so choose.

Best you can hope for on top of that is a full refund.

firespire

If you don't want it you have a right to return the item it and get your £25 back plus the costs to incurred by sending it back as they chose to send a replacement item.
I think on the note telling you of their decision to send a replacement item they should have provided details of what to do if the replacement was not suitable.

I don't think you have any right to negotiate on the different £99 item.

Steve_xx

Also, you should note that you have rights if you purchased the goods with your credit card. If you cannot agree a solution with the company directly, then get in touch with the credit card comapny and tell them to sort it out and to credit your account with the said amount.

derrick

Steve_xx wrote:

Also, you should note that you have rights if you purchased the goods with your credit card. If you cannot agree a solution with the company directly, then get in touch with the credit card comapny and tell them to sort it out and to credit your account with the said amount.

That only applies if the goods are between £100 & £30000

Steve_xx

derrick wrote:

That only applies if the goods are between £100 & £30000

Oh yes, sorry, you're right. However I think the Consumer Credit Act has been amended, and the result is that there is now no upper limit.

derrick

Steve_xx wrote:

Oh yes, sorry, you're right. However I think the Consumer Credit Act has been amended, and the result is that there is now no upper limit.

That is news to me, do you have a link to somewhere stating that? as I can only find the limits I have quoted.

Steve_xx

Yes, it looks like there has been a 2006 amendment to the act. See the link below, section 2 refers to the removal of financial limits:

http://www.opsi.gov.uk/ACTS/acts2006/20060014.htm

derrick

Steve_xx wrote:

Yes, it looks like there has been a 2006 amendment to the act. See the link below, section 2 refers to the removal of financial limits:

http://www.opsi.gov.uk/ACTS/acts2006/20060014.htm

I do not think that relates to the limit, it mentions advertising, all the sites I have visited talk about a limit of £25000, obviously that is not right, I have just spoken to Consumer Direct who say that it is "under revue" but as of todays date the limit is £30000.

I was also talking to a legal adviser the other day about a CC problem and when mentioning the £30000 limit they never mentioned any change to it.