Wrongly advertised item

Spike1967

Help! Yesterday i bought an ereader from pcworld ebay store, the item was decribed as the kobo aura one (flagship ereader), i have the invoice stating it was a high spec unit however the ebay listing changed today showing the product as a much smaller and lower spec product.

So i guess my question is this.....

If I receive the cheaper version, can i insist on them sending me the item i was invoiced for and was led to believe i was getting?

I know i can get a refund but thats not what i want!

I have the original ebay mails and invoice stating the higher spec unit from pcworld

For the sake of clarity the purchase price was £99 which is about right for the aura 2(cheaper unit) and a very good price for the aura one!

While i dont think this is a case of “bait and switch” it certainly feels like it!!

Thanks in advance

BorisThomson

It's practically half the price of the One model.

I expect they'll argue it was an obvious mistake, in which case they're entitled to rescind the contract. You can ask for the better model, they may offer it you out of goodwill, but knowing PC World that's unlikely.

SouthUKMan

Totally agree with BorisThoms...

There is a widely held misconception that if a retailer advertises an item at an obviously bargain price then they have to honour that price. They don't. The law allows retailers to make honest pricing mistakes and to correct them - obviously ensuring that the consumer is not left out of pocket. So from that point of view, it doesn't matter that you have paperwork confirming the higher spec unit.

I very much doubt that you will receive the more expensive unit! If, as I suspect, that you do receive the cheaper unit then you can of course return it for a full refund.

LilElvis

SouthUKMan wrote: »

Totally agree with BorisThoms...

There is a widely held misconception that if a retailer advertises an item at an obviously bargain price then they have to honour that price. They don't. The law allows retailers to make honest pricing mistakes and to correct them - obviously ensuring that the consumer is not left out of pocket. So from that point of view, it doesn't matter that you have paperwork confirming the higher spec unit.

However, I do think it's a bit poor that the retailer simply sent you the cheaper item without contacting you first to ask what you wanted to do (and to apologise for their error!). Eg, accept the cheaper unit or accept a full refund. Some retailers might make a goodwill gesture in these circumstances. Eg, offer you 10% off the actual retail price of the more expensive unit or offer you a £10 voucher for next time. What I very, very much doubt they will do - to answer your question - is to send you the more expensive tablet in exchange for you sending back the cheaper tablet!

OP hasn't got the tablet yet so doesn't know which model they will be getting.

SouthUKMan

LilElvis wrote: »

OP hasn't got the tablet yet so doesn't know which model they will be getting.

You got in their quick! Yes, I realised my error and amended my original post within about five minutes. You are quick of the draw!

LilElvis

SouthUKMan wrote: »

You got in their quick! Yes, I realised my error and amended my original post within about five minutes. You are quick of the draw!

I'm eagle-eyed from looking after the sprog 24/7 as its half term. Caught the little minx shoulder-surfing my Amazon password earlier. Just had to change it on multiple tablets and the damned Fire stick .... again.

unholyangel

You have a contract for those goods however contracts can be void for mistake such as a unilateral mistake - where one party makes a mistake and the other party was aware (or should have been aware) that it was a mistake.

That last part is key. For example a contract for a tv at the price of £5 when its usually £500 probably would be void for mistake. Where a contract for the same tv for £250 would probably not be void for mistake.

Although there was an instance of a guy on here involving madbid - can't remember the price paid for the tv but it was so low, it ordinarily would have resulted in the contract being void for mistake. Except that goods were regularly sold for such discounts on madbid - therefore the mistake was not obvious and the contract was valid & enforceable.