Sent the wrong item

withabix

They appear to be a B2B supplier.

Consumer protection does not necessarily apply.


They don't actually stock anything anyway. They are an Oscarnet 'white label' website.

In other words, they are selling from a dropshipper.

wealdroam

OP, you might want to edit out your phone number.

jimzilla

wealdroam wrote: »

OP, you might want to edit out your phone number.

Thanks lol.

neilmcl

And remove the email addresses.

ThumbRemote

I don't believe they have any legal right to refuse you a refund. They have failed to fulfil their side of the contract, as they have not sent out the correct goods. You officially have a duty of care for the goods wrongly sent out, so they could claim the cost of 3 disks plus packaging from you, if they were so inclined. Irrespective, they must offer a full refund to cancel the contract, or supply the correct goods to complete it.

The small claims court would almost certainly find in your favour; after all, the retailer didn't notice the wrong goods had been sent out, why would you be expected to spot the difference on the label?

If you want an alternative approach, under the distance selling regulations, you have 7 working days to inform them you wish to cancel an order for a full refund, including the delivery charges paid. If their T&Cs say so, you have to pay return postage costs, otherwise this is incumbent on them. They then have to give you a full refund. They can subsequently pursue you for the cost of damage to packaging, used disks etc, but that's their business decision to do so. You could simply inform them immediately by email you wish to return under the DSRs and put this in motion.

Either way, you are quite entitled to a refund and should continue to press for this.

wealdroam

As Withabix mentioned earlier, are you a business customer?

If so, Distance Selling Regulations will not apply.

unholyangel

ThumbRemote wrote: »

The small claims court would almost certainly find in your favour; after all, the retailer didn't notice the wrong goods had been sent out, why would you be expected to spot the difference on the label?

Firstly, you're willing to bet money on that? It all depends on the terms and conditions of the sale.

For example, if the retailer has in their T&C's (and notified the consumer in a durable form) that they may send substitute goods, they're pretty much free and clear. Even without that, its is very much debatable. Secondly, OP's actions are in accordance with ownership of the goods and not those of rejection of the goods.

Then of course there are other factors to consider. Is it for a small amount? What is the price difference between what the OP received and what he though he was ordering? Is it a big difference? Is the price he paid realistic for the goods he thought he was getting?

What may be a suitable alternative for both parties is for the OP to offer to "buy" the substitute item at a lower cost (wholesale price perhaps?) and the company refunding the difference. While it may not be what he ordered, he has the capacity to use them else he would not have made 3 discs before noticing.

lateandlive

Whilst DSRs don't require the item to be in it's original packaging, I think USING three of the DVDs before realising is pushing it a bit. If that was a legitimate scenario then I may as well order a pack off the Internet, use the couple I need and send the rest back!

Jim - I'll be honest, I think the woman you emailed was perfectly reasonable with you at the start of the email thread. When you start going off about losing a days wages, with respect mate - you ordered the product! If they'd sent the right thing, you'd have lost a days wages and they did say they'd be happy to pick up from (and presumably leave with) a neighbour.

If I'd ordered something like that offline, I'd at the very least notice the packaging said the wrong thing before I started trying to copy things. At a push, when the first two didn't work I probably wouldn't have tried number 3!

halibut2209

I don't think a court would believe someone takes a day off work to receive some blank DVDs

pendulum

Neither party comes across great. I think the company was conversing reasonably well until the OP got their back up. I do think the company should have accepted the 47 discs back and sent out the correct product though, as the error was theirs to begin with. If your a business and you make a mistake then it's going to cost £ and you have to accept that.

I'd have mentioned I'd used three of the discs in the first email though. You kind of springed that on them, and it sounds like you were hoping they'd send you the correct product without requiring the old product back (thus never discovering you'd used some of the discs) in compensation for "losing a day's wages".