Bigoffers.co.uk netbook delivered NOT netbook ordered

T_T_2

wealdroam wrote: »

Yes you are right Flyboy... they could do that.

However the OP would probably be better off using SOGA and 'not as described'.
That is because savvy sellers spell out in 'the required documentation' that the buyer is responsible for the cost of return if returning under DSRs.

OP, forget the DSRs, return under SOGA.

Whilst I agree that SOGA would be a better avenue to explore in this case, your comments about DSR are incorrect. If the OP was simply changing their mind and utilising DSR then yes they would need to pay the return carriage, but as the OP is returning this on the grounds that the wrong item has been sent at no fault of his/her own then the seller is required by law to arrange the carriage and be responsible for the cost.

Also as the original delivery costs to get the item there were part and parcel of the contract (i.e. the OP couldn't have made the purchase without having it delivered) then the seller much refund the cost of the product, the cost of the initial delivery AND cover the costs of the return delivery.

nearlyrich

wulfhere wrote: »

N.B. it wasn't clear that it was a different model – it had the same model number! Don't ask me why Acer make netbooks with different specs but the same model no. but they do!

Each model name has multiple configurations but each configuration has a distinct model number which begins LU. for a Netbook. If the advert was for a particular model number and you got that model number they either gave you the wrong spec before you purchased or they gave you a different model altogether.

paddyrg

FWIW, the boffer part of their business does frequently post copy/pasted specs, sometimes wrong or ambiguous or wrong models, but I don't doubt you will get your cash back, hopefully not too long

wealdroam

T_T wrote: »

Whilst I agree that SOGA would be a better avenue to explore in this case, your comments about DSR are incorrect. If the OP was simply changing their mind and utilising DSR then yes they would need to pay the return carriage, but as the OP is returning this on the grounds that the wrong item has been sent at no fault of his/her own then the seller is required by law to arrange the carriage and be responsible for the cost.

But it is SOGA that stipulates that if the item is faulty then the seller is required by law to cover all resonable costs.

Yes, it is mentioned in the OFT's guide to DSRs, but that is only because the OFT felt it might be a good idea to include that info there.

scheming_gypsy

Why would it be SOGA or DSR? the company sent out the wrong item so it's not a DSR or SOGA issue but simply the incorrect product sent.

shaun_from_Africa

Because the SOGA states that

13 Sale by description.

(1)Where there is a contract for the sale of goods by description, there is an implied [F9term] that the goods will correspond with the description.

If the item received differs from the description given, the SOGA states that if requested, a full refund must be given & the retailer is responsible for the return costs.

scheming_gypsy

but it's irrelevant unless they claim they won't replace it.

wulfhere

In the end, due to non-response from the company, I initiated a reclaim for the money through my CC company. Funnily enough, later on the same day, I got an apologetic email from the seller asking me to return the item and refund me, which I did. Was it intentional on their part or negligence...who knows? I won't bother buying from them again though.

Anyway, thanks everyone for the helpful/supportive responses.