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Help with misdescribed item

Hi

I hope someone can offer some advice.

I ordered an item online from a well known department store. They have taken my payment and the item has been delivered to me. However, the item is not as described. It is a set of drinking glasses and is described as coming in a wooden mahogany box. The box is missing. I have contacted the seller and they have apologised and offered a refund or a discount of £20 for the missing box. They say they cannot replace the item as it is now out of stock.

I don’t want a refund or a discount but would like the item I have paid for and as they describe it. The item is in stock on the actual manufacturers website, so can I insist they source it for me?

I do actually suspect that the seller has made a mistake and described the item as coming in a box when it doesn’t, as they have the identical item at a higher price, in stock, on their website. The description is exactly the same as the item I ordered so I wonder if there is a mistake somewhere. If there is, can I insist they give me the item in stock?

Any help would be appreciated.

Thank you.

Comments

  • photome
    photome Posts: 16,729 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    IMO the seller is doing the right thing by offering a refund or a discount.

    Why not take the refund and buy from whoever has it in stock


    Edit just re read your post and seems you think they have made a mistake on the website, if they have made a mistake they are still doing the right thing in offering a discount or refund
  • MuseH
    MuseH Posts: 5 Forumite
    Thanks for your reply and I understand what you are saying. I’m just disappointed that I’ve ordered something based on their description and as they’ve sent it to me, isn’t there a contract in place for them to supply the item as described for the price I have paid?
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
    MuseH wrote: »
    Hi

    I hope someone can offer some advice.

    I ordered an item online from a well known department store. They have taken my payment and the item has been delivered to me. However, the item is not as described. It is a set of drinking glasses and is described as coming in a wooden mahogany box. The box is missing. I have contacted the seller and they have apologised and offered a refund or a discount of £20 for the missing box. They say they cannot replace the item as it is now out of stock.

    I don’t want a refund or a discount but would like the item I have paid for and as they describe it. The item is in stock on the actual manufacturers website, so can I insist they source it for me?

    I do actually suspect that the seller has made a mistake and described the item as coming in a box when it doesn’t, as they have the identical item at a higher price, in stock, on their website. The description is exactly the same as the item I ordered so I wonder if there is a mistake somewhere. If there is, can I insist they give me the item in stock?

    Any help would be appreciated.

    Thank you.


    The short answer is no.
  • MuseH
    MuseH Posts: 5 Forumite
    Thanks for the response. I was just thinking of ways to obtain the item I’ve paid for and that they have described. I don’t really want to be left with having to return it, await the refund and then have to pay a higher price to obtain it elsewhere but I suppose a refund is better than no refund.
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    What is the item in question? I'm wondering how obvious the mistake was.
  • MuseH
    MuseH Posts: 5 Forumite
    The written description states 8 crystal glasses and it comes in a wooden mahogany style box. There are no pictures of the box on the site. The item was on sale. They have the same item description at a higher price, also with a wooden box and for that item, they show a picture of the box. I otherwise can’t see the difference in the two items to warrant the price difference, so I am guessing there is a mistake there and that the lower priced item I ordered perhaps doesn’t come with a box even though they state it does. It’s only since looking online now that they say it is out of stock, that I have discovered this.
  • Seriously? What do you expect them to do? Manufacture a box just for you? Mistakes happen and things sell out. There must be other places you can spend your money.

    They made a perfectly fair and reasonable offer to you to make up for it or they are happy to refund you.
  • MuseH
    MuseH Posts: 5 Forumite
    :doh: Well of course I don’t expect them to manufacture a box just for me as that would be rather a ridiculous thing to require, wouldn’t it?! The glasses do come with a box because I have seen it for sale and it is in stock, just at a higher price. I just came on here for advice as to whether there was any alternative rights available to me other than a refund because really, I would like to have the item they have contracted to sell to me rather than my money back. Thanks for your response anyway!
  • Sadly you have no option or ability to force the shop to supply the box. Either return the glasses for a full refund and buy the glasses and box from a different supplier. Or accept the offer of the partial refund. Those are your options
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