Wrong Item Delivered

RiaMac_2

Hi all, hope someone can help

I ordered an item online (Guitar Hero Live for PS3) and paid by Paypal. Guitar Hero Live for PS4 was delivered. The company are refusing to send out the correct item until the original has been returned and checked. Can they actually do this? It was their mistake and had I not told them about it they would be none the wiser. The PS4 game can sell for a bit more than the PS3 and I now feel that I should keep and sell the PS4 so that I can afford to buy the game I promised my DD. So essentially, I bought and paid for the game on 27th October, received it on the 29th, contacted them about the mistake on the 30th and am still without the correct game on 9th November! In their reply to my 1st email they said as per their company policy, this was the way they operated. I have read their terms and conditions and cannot see that to be the case. Can anyone help? I have suggested to them that they organise a courier to deliver the correct item and at the same time I would hand over the incorrect one. I thought this was perfectly reasonable but although my last email was sent on Thursday 5th November, I have yet to hear from them. What are my rights? Any help would be appreciated. :beer:

glentoran99

Simple file an item not as described claim with paypal

Muppet11

I have exactly the same issue with an item: the company admit to sending me the wrong item. In my case that they sent is entirely usless (basically an empty box) however the rest is the same as yours.

I raised a claim through Paypal. Paypal have found in my favour as follows:
After careful review, we have determined that you are eligible for a refund. To qualify for this refund, please send the items whose claims were granted back to the seller in their original condition and keep your tracking information. You are responsible for postage and packaging costs.

Firstly, it is not easy for me to post the wrong box back as I work at away and it is at home with my wife who has a baby and toddler, therefore would cause 'significant inconvenience' to my family.

Second, I should not be responsible for P&P to return it.

Finally, Paypal have put a tight deadline on when i need to provide tracking information of the box return, otherwise they will close the claim and I will not be entitled.

I have called Citizens Advice who confirm that this is Paypal's policy, so if you decide to use their claims process you are bound by their findings.

You can of course decide to pursue via Small Claims, but for me (and you) the cost to do so would still leave you with a lost I believe.

societys_child

The company are refusing to send out the correct item until the original has been returned and checked. Can they actually do this?

Yes, of course they can

RiaMac_2

glentoran99 wrote: »

Simple file an item not as described claim with paypal

Thank you. Although I have had a Paypal account for many, many years, I have never needed to raise a dispute before. Is it pretty straightforward? At the mo I have 4 under 7's running around so will need to wait until late tonight before I do it. Doesn't seem worth having to wait for their decision though then still have to ask someone else to take it to the P.O as I am housebound. My suggestion of organising a courier seemed to me the best option but obviously not to them. Can't imagine I will ever shop at Teh Uht again!

RiaMac_2

societys_child wrote: »

Yes, of course they can

I don't mean to be so pedantic, but how can it be right that the company have made a mistake yet I have to wait for them to send me returns advice, wait on them receiving the package they sent wrongly, then wait on them refunding me? I know mistakes do happen but I am out of pocket, my daughter is without her game and the company is not helping to rectify the situation they created! Rant over while I make the dinner! :mad:

powerful_Rogue

RiaMac wrote: »

I don't mean to be so pedantic, but how can it be right that the company have made a mistake yet I have to wait for them to send me returns advice, wait on them receiving the package they sent wrongly, then wait on them refunding me? I know mistakes do happen but I am out of pocket, my daughter is without her game and the company is not helping to rectify the situation they created! Rant over while I make the dinner! :mad:

Have you asked for a prepaid label or for them to refund postage costs?

As for your daughter having to wait - Its a valuable life lesson.

tomtontom

If you'd sent it back when first requested, the correct item would no doubt be on its way to you now ...

A PP dispute is not going to solve things more quickly - you'll still need to return the item and you'll then have to reorder the correct one.

(They state they refund postage costs for faulty/ incorrect goods.)

RiaMac_2

powerful_Rogue wrote: »

Have you asked for a prepaid label or for them to refund postage costs?

As for your daughter having to wait - Its a valuable life lesson.

The company emailed me a returns label but it was not prepaid/freepost or anything like that, just the company's name and address.

As for the life lesson, she has already told me 'it's ok mum, not everyone is big enough to say sorry for their mistakes, we'll just have to use Click and Collect instead'.

societys_child

RiaMac wrote: »

I don't mean to be so pedantic, but how can it be right that the company have made a mistake yet I have to wait for them to send me returns advice, wait on them receiving the package they sent wrongly, then wait on them refunding me? I know mistakes do happen but I am out of pocket, my daughter is without her game and the company is not helping to rectify the situation they created! Rant over while I make the dinner! :mad:

You seemed surprised that they could ask you to return the wrong (more expensive?) item before sending the correct one.
Believe it or not, there are many who would try and rip the company off, so companys do ask you return the wrong item first. Not all customers are as honest as you and me.
I don't understand this bit though?

The PS4 game can sell for a bit more than the PS3 and I now feel that I should keep and sell the PS4 so that I can afford to buy the game I promised my DD.

As said in post #8, this could have been sorted by now.

Muppet11

Yes, of course they can

I do not believe this is correct (and Trading Standard agrees as I checked in my case). In the event of a valid right to refund due to item being not as described, the seller must refund "without undue delay" (Clause 20, part 15 - Consumer Rights Act 2015.) This is different to if you have changed your mind and simply want an exchange.

Assuming you have rejected the item due to being not as described, the following applies:
(7)From the time when the right is exercised—
(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and
(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

Therefore unless you have agreed to return the wrong item, you do not have to do so, simply make it available for collection. Your situation regarding kids is similar to mine and I am in the same position.


Regarding Paypal dispute, it is easy to do but not necessarily a quick to process in order to get an outcome. Yours sounds quite straight forward (as was mine) but has still left me needing to arrange to return the item myself within a tight deadline.