Zavvi.com order received was not as described online

iceman1986

hi all,

I am after some advice and im sure there are more knowledgeable people on here who can possibly point me in the right direction.

I ordered "Jeff Wayne's The War Of The Worlds [30th Anniversary] CD" from the zavvi website last week, the money taken from my account and i had the delivery arrive, all good so i thought. but when i opened the packet, there was no CD in the there, just the dvd and book that was described. i e-mailed zavvi straight away and advised them that i hadn`t received the CD, to get a reply saying it was an error on there website, the package is just the dvd and book, and all i could do was return the good at my own expense.
I e-mailed them on the 16th, the day i received it and last e-mailed them again last night.
I was sure that if the item they described was incorrect, but they had taken my money for the order and i had received the good, less the CD, they have to honour what they advertised?
Below is the link to there webpage with it still saying CD in the description.

zavvi.com/cd/jeff-wayne/jeff-wayne-s-the-war-of-the-worlds-30th-anniversary/9993936.html[/url]

Hope this makes sense and hopefully someone could point me in the direction to get something sorted, all i want is the CD part of my order, :-(.

Thanks in advance,
Iceman1986

timbstoke

The description clearly states 2 DVD's at the moment, although the title does say CD. I think it's questionable whether that description qualifies as "not as described", as long as you received 2 DVD's and a book.

Either way, you can hardly compel them to provide a CD that doesn't exist, so a refund is really your only option. If it is incorrectly described, then it falls under SOGA, and they are liable for the cost of returning it. The tough part would be convincing them that the title is misleading.

Evilm

http://www.zavvi.com/cd/jeff-wayne/jeff-wayne-s-the-war-of-the-worlds-30th-anniversary/9993936.html

It doesn't mention a CD in the text and actually says "2 DISC SPECIAL EDITION DVD" now. I don't know if they have changed the description though.

However it says CD in the URL and the item title. So I think I would say calling it a CD means it isn't as described if its DVD's only and send it back under DSRs. Yes, you have to pay the postage costs upfront but they should then refund them afterwards.

EDIT: I see this has already been said with the only discrepancy being DSR vs. SOGA.

iceman1986

Thanks for your reply.
the response i had said "Thanks for getting in touch letting us know the issue you have experienced, unfortunately this is an error on our site, and we are having this changed ASAP"
That was on the 19th, between now and then they have updated the price but still states CD in the title??
would the above response show them as effectively admitting that it is misleading??

somethingcorporate

Even if it is misleading all you will get back is your return postage (unless you return the goods).

timbstoke

iceman1986 wrote: »

Thanks for your reply.
the response i had said "Thanks for getting in touch letting us know the issue you have experienced, unfortunately this is an error on our site, and we are having this changed ASAP"
That was on the 19th, between now and then they have updated the price but still states CD in the title??
would the above response show them as effectively admitting that it is misleading??

It certainly reads that way to me. This puts you in a much better place - you can return under SOGA for a full refund including return postage. Legally, you can simply advise them that the goods are available for them to collect, but it's probably far more convenient for you to handle the return. Ask them if they have a freepost address, or if they'd prefer to send you a prepaid envelope/have you print a prepaid returns label, in order for you to return the goods to them, and see what they come back with.