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

SailorSam

If you'd already opened it and started to use it, would they want it back then after all the shop couldn't really sell it again for the full price.
When you do shopping online from Tesco or Asda don't they say something about if we haven't got what you want in stock we'll send something else.
Maybe it's the same with tellies.
Personally i wouldn't want a 42" Tv, it would take over the room.

tinkerbell28

The free 2 years gte won't apply to your credit card. You used it to purchase a different tv. You're going to be screwed any which way for gte's as none of your gte's/proof of purchases match up to the tv you have.

themull1

I have no morals, i would keep the tv, sorry. I would even go so far as saying i've just given it to someone as a present, and can't possibly check on the size. I doubt i'll go to heaven - oh, hang on, i don't believe in heaven, phew! It will make the shop check more thoroughly in future. Or, if you have got morals, say they've got 3 days to come and collect tv, bringing the 32 inch with them, and a free five year guarantee. Your choice.

specialboy

Tell them you have opened it and used it and if they want to swap it for a brand new set then they are welcome to one and do so.

arcon5

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).

That's a completely different scenario than what has happened with you.

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.

So a contract was agreed unanimously for a 32" TV for £x. They have then made an error is performing the contract to the agreed terms - either way no contract was ever proposed for the larger TV.

If the TV had been 28" equally they couldn't turn round and say you had the opportunity to spot the error when we brought it to you and when you left the store and therefore stuck with it.

The contract must be fair and equal - working both ways.

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.

What's that saying about possession being x/y of the law...? Well nothing stopping you bartering here... and bartering/pushing hard. Ultimately the worst they can do is say no.

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

In the jacket analogy the contract is formed for the exact goods being sold. Your example would be like buying the jacket then them putting a pair of socks in the bag.


Morally or legally you can't keep it... sorry. There really isn't some kind of loophole to find and exploit here. It really is as simple as the contract was formed for x and y price and you've received z.

Torry_Quine

The minute it was taken out of the box it would have been clear that it was the wrong size so the obvious thing to do was contact the shop at that point. Instead the OP seems to think that because a mistake was made she has a right to keep the TV. I really find it hard to believe that people really behave this way. :mad::(

rustyboy21

Torry_Quine wrote: »

The minute it was taken out of the box it would have been clear that it was the wrong size so the obvious thing to do was contact the shop at that point. Instead the OP seems to think that because a mistake was made she has a right to keep the TV. I really find it hard to believe that people really behave this way. :mad::(

Oh they do and a hell of a lot of them frequent this website.


Wonder what Martin Lewis OBE thinks of what he created now?

Hintza

The OP is just morally delinquent but why do people like this feel the need to come on a forum such as this to basically brag about it.

The OP had decided it wasn't going back before they started the thread.

One thing OP your karma is looking like kak now.

gik

It's clearly stated and obvious on any TV packaging I've seen /or bought as to what's in the box with regard to screen size.

gik

themull1 wrote: »

I have no morals, i would keep the tv, sorry. I would even go so far as saying i've just given it to someone as a present, and can't possibly check on the size. I doubt i'll go to heaven - oh, hang on, i don't believe in heaven, phew! It will make the shop check more thoroughly in future. Or, if you have got morals, say they've got 3 days to come and collect tv, bringing the 32 inch with them, and a free five year guarantee. Your choice.

What if you are wrong and there actually is a heaven and a hell? I kinda think it might be a good idea to have 'morals' and do the right thing.....just in case!