Goods received not as ordered

Gands199

We ordered a silver plated cutlery set with a Rattail design just before Christmas from Viners at a price of £80, we had a confirmation stating our order details exactly as described above. We eventually received the goods which turned out to be a silver plated set but the wrong design, (bead) if that's important. We then queried this with Viners who tell us that we can return the bead design set to them but they will only be able to supply the Rattail replacements at a price of £280, or they can send us a stainless steel rattail set inreplacment. It would seem to me that they should honour the contract we made and send the set as ordered. We had our offer of £80 accepted (the cash came out of our account on 17/12/12). I think we have the moral high ground, but where do we stand from a legal point of view? Any help would be good. Thanks

somethingcorporate

Assuming you bought online the T&Cs will state when the contract is formed and it is never when the money is taken unfortunately as these are often automated systems and hence the legislation allows the agreement to come into force later.

This is usually on dispatch, however, they have evidently sent the wrong item. I am really not convinced you will be able to get your £280 cutlery for £80 unfortunately. I suggest you continue to appeal to their better nature to see what you can get.

railbuff

all i see is

http://www.viners.co.uk/rattail-58-piece-bulk-cutlery-set.html £74.50
http://www.viners.co.uk/rattail-44-piece-cutlery-set.html £97.50

both clearly state stainless steel


http://www.viners.co.uk/58-piece-silver-plated-rattail-cutlery-set.html £290 is the silver plated one

bod1467

somethingcorporate wrote: »

This is usually on dispatch, however, they have evidently sent the wrong item. I am really not convinced you will be able to get your £280 cutlery for £80 unfortunately. I suggest you continue to appeal to their better nature to see what you can get.

They did dispatch (albeit the wrong item) so contract has been formed (is my understanding). Would this then fall under "loss of bargain"?

@Railbuff - it may have been a pricing error at the time the OP ordered.