Bought a laptop online and wrong model sent

dilbyuk

Hi forum

Can anyone offer me some advice on what I can do in this situation?

Basically I bought a laptop online from a well known store. I got 24 hour delivery and it was delivered the next day and the money taken from my account. I opened the package and realised they had sent the wrong item, a much lower spec laptop of the same brand. The despatch invoice had a different product code to the one on the website and in the confirmation email I received.

I called back and they said they couldn't deal with my return for 24 hours. When they did get in touch they said there was an error on the site and the product had been displayed incorrectly. Therefore, all they could do was offer me a refund.

What are my rights here? They have taken my money, sent out the product (albeit the wrong one!). Can I demand they send me the laptop I purchased? The website still lists the laptop with the same price, the same as when I purchased it.

Thanks for any advice you can offer.

vuvuzela

A simple mistake was made, you can't demand the one you thought you were ordering, you can however ask them to pay the postage and refund all your money on return of the laptop they sent, putting you back in the same position as before you paid.

bod1467

I would argue he CAN demand what was ordered. By accepting payment and delivering the (albeit wrong) goods then a contract is formed. Especially if they are still offering for sale what the OP ordered at the price the OP paid.

OlliesDad

bod1467 wrote: »

I would argue he CAN demand what was ordered. By accepting payment and delivering the (albeit wrong) goods then a contract is formed. Especially if they are still offering for sale what the OP ordered at the price the OP paid.

Under SOGA i would say that for misdescribed goods the OP can rescind the contract and get a credit.

However, there may be a case for loss of bargain but I will wait for somebody wiser to come along and advise on that

Fosterdog

What spec was the laptop you ordered? How much was it advertised for?
What spec did you get? How much do they sell the lower one for?

There may be a case for loss of bargain but if the original spec ordered is easy to get for the same/similar price then there is no bargain lost and you can get a refund to purchase elsewhere.

dilbyuk

vuvuzela wrote: »

A simple mistake was made, you can't demand the one you thought you were ordering, you can however ask them to pay the postage and refund all your money on return of the laptop they sent, putting you back in the same position as before you paid.

Thanks for all your advice so far. It is extremely frustrating as it was for a birthday present which has now been and gone and I have purchased accessories from another website for the laptop and now they are refusing to send it. I will certainly be out of pocket trying to return the other goods I have purchased.

The fact it is still up on their website with the model number I ordered, with the specs listed as I ordered and at the price I ordered means that others will have the same issue.

dilbyuk

Fosterdog wrote: »

What spec was the laptop you ordered? How much was it advertised for?
What spec did you get? How much do they sell the lower one for?

There may be a case for loss of bargain but if the original spec ordered is easy to get for the same/similar price then there is no bargain lost and you can get a refund to purchase elsewhere.

The spec is very different but there is about 350 pounds difference on other sites (1150 instead of 800). It listed the price that is displayed on other sites and said it was on offer so I assumed it was correct and was just a good sale.