ordered 32in tv, shop gave me 42in & now want it back

K77

Cross posting to here, as I think I originally posted in wrong section :$

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.!;)
K77 is online now

Bantex_2

You have no right to keep it, but the retailer should handle any costs involved in getting it exchanged.

bod1467

I believe the above reply is morally-correct but legally incorrect.

Technically, if goods have changed hands and payment has been made in full, then the contract is concluded.

However the additional warranty was for the originally-listed product (32") so there's no way they'll honour that warranty for the 42" product.

Your choice as to what to do. If you DO choose to do the morally-correct thing, then the above reply is correct that any costs to resolve the issue are the retailers liability as it was their mistake.

OlliesDad

bod1467 wrote: »

I believe the above reply is morally-correct but legally incorrect.

Technically, if goods have changed hands and payment has been made in full, then the contract is concluded.

I am not too sure on this one. The customer asked to buy a 32" TV at £x, the retailer accepted this offer but in error gave a larger TV.

OP, what does the receipt say?

wealdroam

OlliesDad wrote: »

I am not too sure on this one. The customer asked to buy a 32" TV at £x, the retailer accepted this offer but in error gave a larger TV.

OP, what does the receipt say?

Could it be that the OP accepted the alternative goods supplied?

gik

Payment has not been made in full for a 42" TV and if the 42" breaks down in anytime soon I am imagine the OP would be arguing acceptance has not occurred.

gik

If the OP had paid for a 42" TV and got a 32" one would the situation be seen differently?

rustyboy21

Just do the right thing and let them swap it over for what you ordered and paid for.


Less of this '' lets see if I can diddle them out of a bigger TV, as it was their mistake'' twaddle, that seems to be a re occurring theme these days, Especially on here.


Why would you want a bigger TV than you ordered anyway? If you did the calculations correctly, you may find the larger one, of poor quality in the room you are putting it in, picture wise.


Old Adage, Honesty is the best policy.

GrungeMeister

It was their mistake. So if you want to keep it, keep it.

It'll cost them to sue you, the cost of them hiring legal representation & court fees will exceed the difference in price between the 32" and the 42", they won't even bother pursuing it.

neilmcl

A mistake has been made, the OP is not legally entitled to 42" TV.

neilmcl

gik wrote: »

If the OP had paid for a 42" TV and got a 32" one would the situation be seen differently?

Exactly, if the OP had been supplied with something different to what they ordered and paid for then they would be legally entitled to have the contract remedied.