HELP - What are my rights

cldeaville

Hi all,

Can anybody tell me where I stand with the following.

I bought my little boy a ride on motorised car from Amazon (who used a company called Toyz World)

As I did not want my son seeing this I had it delivered to work.

Whilst I was offsite working away the car arrived. I asked my father (who also works at the same place) to get it out of the box and check everything is there. He did this and then decided to put it together himself. (good dad !)

When I eventually got back to work I realised that the wrong car had been sent. I had bought a more expensive one and they had sent a cheaper model.

I contacted the company and they said that as 7 days had passed since it arrived "things are going to be tricky"

Basically I will not be getting a replacement before Christmas because they will probably want this car back before they send another.
I dont know what to do for the best. I can't explain this to my 4 year old boy on Christmas day.

Hope somebody can give me some advice.

Chris

bris

Your 4 your old boy wont know the difference, the question is what do you want to do, what outcome are you looking for?

The seven days are irrelevent, Amazon will support your refund claim.

cldeaville

I just want the car that I bought.

The car they sent is nowhere near as good. The one I ordered is more robust and has more power for going up an incline and keeps a charge for longer.

So you think I should approach Amazon then ?

Paully232000

I was looking at Which and they say that if something is not as described, ordered etc as in your case, the DSR doesnt apply and that:

"So, if your goods are faulty and don’t do what they're supposed to, or don’t match the description given, you have the same consumer rights under the Sale of Goods Act as you have when buying face to face".

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

Not sure if the fact that you have put it together makes any difference (shouldn't if you can take it apart and send it back as was) because at the end of the day you haven't got what you ordered and paid for.

cldeaville

I will have a look at that, many thanks.

The other problem is.. do I order and pay for another one which will arrive on Friday and then ask for a full refund on the incorrect one. (would this be allowed)

or

Wait until they arrange collection and despatch the new one after Christmas !

(which isn't really an option for me, I simply couldn't do that to my boy)

vuvuzela

cldeaville wrote: »

I will have a look at that, many thanks.

The other problem is.. do I order and pay for another one which will arrive on Friday and then ask for a full refund on the incorrect one. (would this be allowed)

or

Wait until they arrange collection and despatch the new one after Christmas !

(which isn't really an option for me, I simply couldn't do that to my boy)

As said above, your boy won't know or care (unless you've told him specifically what he is getting for Christmas - in which case, why on earth would you ruin the suprise by doing so ?). If he's a normal little 4 year old, then he will likely be happy with everything and won't have the spoiled nature of some older children (and adults!) who know the price of everything and the value of nothing.

cldeaville

You are right, he wont know.
So I should accept something that will drop to bits faster, not stay charged for long and cannot go up any incline. Not to mention the additional £100 I paid for the better one.
I'm not sure we are on the same page

bod1467

When my brother was about 4 (a long time ago) and I was about 2, our parents got him a swanky metal Jaguar pedal car for Christmas. They took it of the box and he said "GREAT!" and jumped into the box going "BRRM! BRRM!"

vuvuzela

cldeaville wrote: »

You are right, he wont know.
So I should accept something that will drop to bits faster, not stay charged for long and cannot go up any incline. Not to mention the additional £100 I paid for the better one.
I'm not sure we are on the same page

Nowhere did I say that you should accept it. I was commenting on your unnecessary stressing about 'the boy'.
*However*, as he won't know, why not simply say nothing to him and present him with the correct one when it arrives - I assume it's not the sole present you are getting him...
Yes, it will clearly be after , but it's quite possible he wouldn't have been able to use it for a while anyway if it's pouring with rain outside etc...

cldeaville

and I thought this was a money saving website...

Paully232000

cldeaville wrote: »

I will have a look at that, many thanks.

The other problem is.. do I order and pay for another one which will arrive on Friday and then ask for a full refund on the incorrect one. (would this be allowed)

or

Wait until they arrange collection and despatch the new one after Christmas !

(which isn't really an option for me, I simply couldn't do that to my boy)

I think you have answered your own question there, but as for the full refund part I am sure someone will come along soon and tell you/advise you.