Retail Law Question, not clear cut case

Isisrose

I recently bought something from Amazon, an order that was fulfilled via a third party. What they have sent to me is not what I ordered. I ordered a box of 18 vials of leave in hair oil. What they sent was 1 tube of hot oil treatment. I've pointed out their mistake and they have responded by saying it was advertised at the wrong price (the price has since gone up) and that I can send what they have sent me back for a refund. By sending me something as a result of my purchase, they have in effect entered into a contract with me, but as they made the mistake in dispatch, does that contract still hold? Plus, if it doesn't apply and the right is all theirs, should I have to pay to send the item back for a refund when it's their mistake?

antrobus

Under the Distance Selling Regulations you are entitled to a refund from the seller, and it's up to them to arrange collection of the goods incorrectly supplied.

But don't worry about that, just speak to Amazon and put in a claim under their A-Z guarantee

http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=200353900

artbaron

As above, it's all automated. Choose the option, enter a few details and book your collection slot. Easy as that.

frugal_mike

antrobus wrote: »

Under the Distance Selling Regulations you are entitled to a refund from the seller, and it's up to them to arrange collection of the goods incorrectly supplied.

But don't worry about that, just speak to Amazon and put in a claim under their A-Z guarantee

http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=200353900

The DSR's don't necessarily give you the right to return postage, that depends on the terms and conditions entered into. The DSR's aren't meant for breaches of contract though, this is a Sale of Goods Act issue. As Amazon (or the Marketplace seller if that's what it was) supplied the wrong goods then the seller is indeed responsible for the cost of the return postage.

shaun_from_Africa

frugal_mike wrote: »

The DSR's don't necessarily give you the right to return postage, that depends on the terms and conditions entered into.

They do if the goods supplied are not what was ordered, which is the case here.

arcon5

Your right that technically a contract has been entered in to, assuming the difference in price wasn't obvious, such as £1000 item at 1p the. You could potentially claim for loss of bargain - but it's not always guaranteed and probably not worth the hassle