bought 32in tv, shop gave me 42in accidentally and now want me to return it

K77

Hi, new to these forums, so apologies if this is in the wrong place..

I ordered a 32in tv in the local Sony Centre, paid deposit over phone with credit card yesterday. Went by this morning to pick it up and paid off rest of balance on credit card.

Didn't clock til I got home they'd given me a 42in, I just thought the box size was cos of all the packaging.

Now, they offer a 5 year guarantee on any tv they sell (although I can get a free 2 years through my credit card anyway, on top of a normal 12 month guarantee).

They're supposed to email me this guarantee, and they'd confirmed that they had the email address correct, and all was well, and that the email might not come through straight away, as Sony send them in batches sometimes.

Then I get a phone call a few hours later, saying they'd made a mistake , and the email was bouncing back to them because he'd spelt the email address wrong, and I was registered for the 32in on it also, even though he took the serial no off the box to register it at the time. Now, of course, they want me to return this tomorrow to swap it out. They know I work nights so can't go back in today.

Now, am I wrong in thinking that once money's changed hands, and the consumer has walked out with the goods off the premises (whatever the goods), the deal's been struck, as it were, and I'm not under any obligation to return it?

I know if the situation were reversed I'd want them to fix their mistake if I ended up with a lower spec tv, but am I equally obliged to fix their mistake?

And, if legally I can keep it, can I still get them to honour the 5 year guarantee they offer?

I know it's a bit cheeky of me to see if I can keep it due to their error, but hey, a girl's gotta try.

societys_child

A mistake has been made, of course you can't legally keep it.

You must have noticed immediately you opened the box but didn't bother to inform them?

https://forums.moneysavingexpert.com/discussion/comment/65832748#Comment_65832748

. . and you expect a 5 year guarantee? Unbelievable.

Froggitt

However, as the buyer, I would expect a man with a van from Sony Centre to deliver the 32in telly, install it, take away the rubbish, and take away the 42in telly.

meritaten

no you cant keep it. you paid for a 32" tv and a mistake was made. if they had given you a 19" one you would expect them to rectify the mistake wouldn't you?
I would expect them to come pick it up though and bring YOUR tv - as it was their mistake not yours! you do realise you can charge them for any expense you incur in returning their tv? such as petrol and any lost wages?

Lynsey

Froggitt wrote: »

However, as the buyer, I would expect a man with a van from Sony Centre to deliver the 32in telly, install it, take away the rubbish, and take away the 42in telly.

Absolutely.
And if you've used it, I'd be surprised if they'd want back a used tv to try and sell.
Don't go out of your way for their mistake. Let them rectify it and at your convenience.

Lynsey

OhReally_2

K77 wrote: »

Hi, new to these forums, so apologies if this is in the wrong place..

I ordered a 32in tv in the local Sony Centre, paid deposit over phone with credit card yesterday. Went by this morning to pick it up and paid off rest of balance on credit card.

Didn't clock til I got home they'd given me a 42in, I just thought the box size was cos of all the packaging.

Now, they offer a 5 year guarantee on any tv they sell (although I can get a free 2 years through my credit card anyway, on top of a normal 12 month guarantee).

They're supposed to email me this guarantee, and they'd confirmed that they had the email address correct, and all was well, and that the email might not come through straight away, as Sony send them in batches sometimes.

Then I get a phone call a few hours later, saying they'd made a mistake , and the email was bouncing back to them because he'd spelt the email address wrong, and I was registered for the 32in on it also, even though he took the serial no off the box to register it at the time. Now, of course, they want me to return this tomorrow to swap it out. They know I work nights so can't go back in today.

Now, am I wrong in thinking that once money's changed hands, and the consumer has walked out with the goods off the premises (whatever the goods), the deal's been struck, as it were, and I'm not under any obligation to return it?

I know if the situation were reversed I'd want them to fix their mistake if I ended up with a lower spec tv, but am I equally obliged to fix their mistake?

And, if legally I can keep it, can I still get them to honour the 5 year guarantee they offer?

I know it's a bit cheeky of me to see if I can keep it due to their error, but hey, a girl's gotta try.

Say the error was the other way round.

i.e. you ordered and paid for a 42" TV, but when you got home you had found you were actually supplied with a 32" TV

Would you still be of the same thinking? :cool:

As you say no.

Shouldn't all rules be applied equally??? :huh:

Squirrel2000

I once ordered an apron as a Christmas present for a relative in France. She had just had back surgery and I was perplexed that she described her present as very big and heavy. I had to ask her to open her gift early as something was clearly awry. It transpired that rather than sending a single item the company had sent a whole box of them. I rang a government consumer helpline and they advised me that the vendor should be given reasonable opportunity to recover their goods, as it was clearly a mistake. I contacted the company who were still oblivious. Given the embarrassment caused to me; the inconvenience for my incapacitated relative, after deliberation, they did not ask for the aprons to be returned. Following the advice I was given, legally the company is entitled to the retUrn of the tv and it is up for negotiation how this achieved but must be reasonable.