IDEAL WORLD goods not as described

[Deleted User]

The pick of the day via the internet on 6th jan was a flexi bar + a dvd + a bag

I ordered it and it came today minus the bag. I have phoned cs in India and she is adamant that they will not be sending me a bag and that I could send the bar back and get a refund. I want to keep the bar and I want the bag. She says that they made a mistake

I realise that I have a contract with idealworld and that the goods are not as described but I don`t know what to do next. A recorded letter perhaps quoting the sale of goods act of 1979

Any help gratefully received

hollydays

I dont think there is much you can do,If they are paying for you to send it back.

penrhyn

The flexibar website is offering a free bag with every flexibar this month.

http://www.ekmpowershop2.com/ekmps/shops/Rebeccasmall/index.asp?function=DISPLAYCAT&catid=22

Perhaps you could email ideal world customer services and point this out.

PS Did you spend really £69 on a wobbly stick?

[Deleted User]

Thank you both. Yes I do have a leg to stand on re the act 1979 and also the regulation 31st march 2003 which says that I do not have to send it back. I found a post from a mse user on the grabbit board 6th jan also saying that there is meant to be a bag.

We got one from qvc years ago now and it isn`t nearly as good as this one but it is still excellent for strengthening the inner core. It has been well used but I`m giving it away to my dd

gyzmo

kittie wrote:

Thank you both. Yes I do have a leg to stand on re the act 1979 and also the regulation 31st march 2003 which says that I do not have to send it back.

You don't have to send it back? This is usually for unsolicited goods. Do you mean that you don't have to pay to send it back? Would like to look at that specific regulation if you could provide the info?

[Deleted User]

http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml

it means that they have to make good ie I don`t need to send it back to get a refund. I am entitled to the bag or I will accept the cost of a bag. Prior to 31 march 2003 I would have had to send it back so they could refund me what I paid. This regulation is good for the purchaser

gyzmo

I'm sorry - I still don't see the applicable law. I'm not being funny - I genuinely want to understand and use the law in this area, btu I cannot see what the problem is and how the law relates to what you have said about keeping the goods. The relevant legislation in terms of SogA states that you are entitled to repair, refund or replacement. The only time you can keep the goods without payment, as far as i am aware, is if they are unsolicited

[Deleted User]

I have paid and do not intend to keep any goods without me paying.

If you read my opening post, you will see that I did not get goods as described ie the contract between me and ideal world is for 3 items in 1 package. I await the 3rd item. Mistake on their part or not, we have a contract and they must uphold their side of the agreement

hollydays

I dont see the application of this either.Practically you cant force someone to give you something they havent got ie the bag.They have made a mistake and offered take the goods back.Goodwill might suggest they should knock some money off,but you dont want that.
It might be a different issue if they had the bag and were refusing to send you one,or were continuing to advertise and sell the item with a bag.You say she is adamant she wont send you the bag,is that simply because they havent got one? I understand, as described etc,but which bit in the last link says they have to make good.I am interested.Hopefully I will learn something here.