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

frugal_mike

stevemLS wrote: »

This is wrong, the contract has not been concluded, the subject matter of the contract is still in the shop.

I agree that the shop should arrange delivery/collection.

It could even be argued from the moment the shop asked for the TV back, if OP refused, she becomes guilty of theft. I can see how the elements of the offence could be made out at that point.

Oh I'd say the contract has definitely been concluded. Conclusion of the contract is the point both parties are legally bound by it. That happened at the point OP's offer was accepted by the shop.

Still doesn't change the fact OP has the wrong TV and I'm fairly certain the shop has a right to have the bigger tv back.

Spank

The Sony centre should deliver & pick up (well the Hull shop delivered my TV free 10 years ago)

stevemLS

frugal_mike wrote: »

Oh I'd say the contract has definitely been concluded. Conclusion of the contract is the point both parties are legally bound by it. That happened at the point OP's offer was accepted by the shop.

Still doesn't change the fact OP has the wrong TV and I'm fairly certain the shop has a right to have the bigger tv back.

The goods which are the subject of the contract have not been delivered. You are right to say the contract has been formed, but it has not been performed.

K77

Well, from this very website:

IF GOODS ARE MISPRICED – CAN I FORCE THEM TO SELL IT ME AT THAT PRICE?
Sorry, that's an urban myth. Shops don't have to sell anything to you if they don't want to, regardless of price. Yet deliberately misleading you is criminal.
First let's look at a!genuine!mistake - a £50 jacket racked up in a long line of other coats all at £500. Here, you have to accept the shop's error. Though if it does accept money and later says that was in error, the contract's made and it's yours (this isn't quite the same for internet purchases though).

Now the bloke behind the counter said the 32in?, and I confirmed that back, and some other man went and got the tv from the back and brought it out, and the first bloke then gets the model no off the side to put in the computer, the model no btw that has the number 42 as part of it, and then carries it out to my car, still not realising he's lifting up a 42in. So, three times they had to realise it was the wrong model. First I know is when I get home and unbox, and I actually got the tape measure out to confirm what the manual was telling me.

Now, my thoughts were running towards getting them to sell me it as second hand, as it were, but if they dig their heels in, and still want me to deliver it back to them, rather than them collecting and exchanging, I'll be telling them to sling their hook.

The receipt says 32in btw. But in that jacket analogy, I imagine the receipt would have the wrong info on it also.

DevCoder

Why is there a lack of morality these days?

photome

K77 wrote: »

Well, from this very website:

IF GOODS ARE MISPRICED – CAN I FORCE THEM TO SELL IT ME AT THAT PRICE?
Sorry, that's an urban myth. Shops don't have to sell anything to you if they don't want to, regardless of price. Yet deliberately misleading you is criminal.
First let's look at a!genuine!mistake - a £50 jacket racked up in a long line of other coats all at £500. Here, you have to accept the shop's error. Though if it does accept money and later says that was in error, the contract's made and it's yours (this isn't quite the same for internet purchases though).

Now the bloke behind the counter said the 32in?, and I confirmed that back, and some other man went and got the tv from the back and brought it out, and the first bloke then gets the model no off the side to put in the computer, the model no btw that has the number 42 as part of it, and then carries it out to my car, still not realising he's lifting up a 42in. So, three times they had to realise it was the wrong model. First I know is when I get home and unbox, and I actually got the tape measure out to confirm what the manual was telling me.

Now, my thoughts were running towards getting them to sell me it as second hand, as it were, but if they dig their heels in, and still want me to deliver it back to them, rather than them collecting and exchanging, I'll be telling them to sling their hook.

The receipt says 32in btw. But in that jacket analogy, I imagine the receipt would have the wrong info on it also.

It seems that you want to keep the 42" and claim a bargain.

If you do keep it and they dont chase you, then you indeed have a bargain but dont be crying if it goes wrong and you have no gtee.

If you do decide to return then I think the store should deliver the 32" and pick up the other

philgr

Just give it back. Either let them collect and swap it, or drive it back yourself and ask for a touch of compensation for fuel and time

stevemLS

I'd love to see the reaction on here if the situation were reversed and the shop adopted the precise position as the OP.

rustyboy21

K77 wrote: »

Well, from this very website:

IF GOODS ARE MISPRICED – CAN I FORCE THEM TO SELL IT ME AT THAT PRICE?
Sorry, that's an urban myth. Shops don't have to sell anything to you if they don't want to, regardless of price. Yet deliberately misleading you is criminal.
First let's look at a!genuine!mistake - a £50 jacket racked up in a long line of other coats all at £500. Here, you have to accept the shop's error. Though if it does accept money and later says that was in error, the contract's made and it's yours (this isn't quite the same for internet purchases though).

Now the bloke behind the counter said the 32in?, and I confirmed that back, and some other man went and got the tv from the back and brought it out, and the first bloke then gets the model no off the side to put in the computer, the model no btw that has the number 42 as part of it, and then carries it out to my car, still not realising he's lifting up a 42in. So, three times they had to realise it was the wrong model. First I know is when I get home and unbox, and I actually got the tape measure out to confirm what the manual was telling me.

Now, my thoughts were running towards getting them to sell me it as second hand, as it were, but if they dig their heels in, and still want me to deliver it back to them, rather than them collecting and exchanging, I'll be telling them to sling their hook.

The receipt says 32in btw. But in that jacket analogy, I imagine the receipt would have the wrong info on it also.

And people wonder why they get poor customer service in some shops when trying to return things, with people like this around !


Give them the TV back and get the one you paid for ! Get them to recompense you for your fuel/time.

rustyboy21

PasturesNew wrote: »

I had a quick look .... and you'd need a tiny room or a world-largest TV to make much of a difference!

Looks a bit more like the calculators were created just to generate website traffic

I can apparently have a 42" screen as I'm 6' from it .... my actual telly's 14"....

In the house I'm moving to, I could have a 70" (or bigger if I put it against the wall and sat up straight) ... or a 75" screen if I moved the telly down the room a bit.

I worked mine out on the Panasonic website calculator and the size came out at 37'' TV. It fits in the room fine, is big enough and fits nicely into the corner. Anything bigger would have been too big. My mum has a 50'' TV in her room and I end up with a bad headache after watching it for a little time, the picture is too fuzzy and colours really bad. She says its fine, but she needs glasses to find her glasses.