Order over the phone - wrong item delivered

tabasco71

Hi

What are my rights please?

I placed an order with a company over the phone for 4 locks. 3 were sized 40mm/55mm and 1 was sized 55mm/40mm. When I received the order, the fourth lock was sized 50mm/40mm.

I called the company just now and advised that I cannot see why I would have asked for the wrong size. The company replied that they cannot understand why they would have supplied something I didn't ask for.

The company took my mobile number and email address at the time of ordering and said that they would send me delivery confirmations and dispatch notices but they never did either so I'm inclined to think they are more likely to have slipped up than I am.

But on whose side does the law generally fall?

Thanks.

agrinnall

Assuming you bought as a consumer then you have significant rights. You can certainly return any or all items for a refund, which I would expect to be a full refund as the locks can be resold, or replacement. The only issue is whether you have to pay the return postage: if they sent the wrong size then they have to pay, if you ordered the wrong size then you may have to pay. The lack of any documentation from them I believe would work in your favour.

naedanger

tabasco71 wrote: »

Hi

What are my rights please?

I placed an order with a company over the phone for 4 locks. 3 were sized 40mm/55mm and 1 was sized 55mm/40mm. When I received the order, the fourth lock was sized 50mm/40mm.

I called the company just now and advised that I cannot see why I would have asked for the wrong size. The company replied that they cannot understand why they would have supplied something I didn't ask for.

The company took my mobile number and email address at the time of ordering and said that they would send me delivery confirmations and dispatch notices but they never did either so I'm inclined to think they are more likely to have slipped up than I am.

But on whose side does the law generally fall?

Thanks.

If you are wrong the law still allows you to return the items (at your cost) for a full refund. If you are right then you can return the item at the seller's expense.

The dispute is therefore over the cost of returning the item(s), which will be a small sum. If this dispute went to the courts (which seems unlikely) they would decide based on who was most likely to be correct on the balance of probability.

In practice either you or the retailer is likely to pay the postage rather than see the matter go to court since the time and costs (c. £25 usually paid by the loser) will not make it worth the effort (to recover a few pounds postage).

Hermione_Granger

naedanger wrote: »

If you are wrong the law still allows you to return the items (at your cost) for a full refund

Providing of course that the OP is a consumer and didn't order the locks for business purposes.

bod1467

Does the latest incarnation of The Law (Consumer Rights Act) still require the seller to notify the consumer that they will be liable for returns costs? (The DSRs required this to be notified pre-contract in durable form - email was OK, on the website was not ... if it wasn't specified then the seller was also liable for the returns cost, even for change of mind).

unholyangel

bod1467 wrote: »

Does the latest incarnation of The Law (Consumer Rights Act) still require the seller to notify the consumer that they will be liable for returns costs? (The DSRs required this to be notified pre-contract in durable form - email was OK, on the website was not ... if it wasn't specified then the seller was also liable for the returns cost, even for change of mind).

Yep it does.

Schedule 2 contains the information that the consumer needs to be provided with before the contract becomes binding. If it wasn't provided then trader remains liable. And its for the trader to prove they complied with the provisions of the CCRs.