My Rights - Incorrect Item Received

Mikeinho

Hi.

Hope someone can help, as I've not yet found a definite answer. The story so far...

My little one is growing up, and is bottle fed. She's now on to the next teat in the Philips Avent Natural range. We have plenty of bottles, but are getting a bit short on no.2 teats, so I jumped on to eBay and ordered 2 packs for the 'Natural' bottle and teat range.

Received new teats today, but when I opened the packs (ready to toss in the steriliser), I noticed something different about them. In fact, these were for the 'Classic+' range of bottles. For clarification, these are not interchangeable, and so are of no use to us.

Contacted the seller to let them know about their mistake, and they're refusing to refund. Reasoning: the packs are open.

Now, fair enough, they can't resell them, or at least I don't think anyone would buy them, but I'm out of pocket currently because of their mistake.

Anyone who has kids knows it's not cheap for anything. So, I'm really not interested in wasting my hard earned money on someone else's lack of concentration (putting a simple order together) or their unwillingness to resolve an issue.

I see this as a cut & dried case of an unfulfilled contract, if that's the correct term here. The question is, does anyone know what my rights are here?

Ms_Chocaholic

Was the Ebay listing specific in terms of what type of teats were being sold? If the listing was incorrect you can open a case.

soolin

The problem is that by opening the teats you are unable to return the goods in the same manner that they were sent. Out of interest is the packaging labelled correctly? If not then opening them shouldn't be an issue as you can show photos of the packaging and rely on the fact that you didn't get what was shown on the packet.

However, this is eBay and they tend to find for the buyer regardless, so it might be worth trying a case, but you do need to be prepared for seller to appeal on the basis that you opened and therefore 'used' the item.

pinkshoes

But the two teats look nothing like each other. Unless the package was wrongly labelled or you perhaps could not see the teats from the outside, then I'm afraid that by opening them you have lost your right for a refund. I'm quite sure that the mistake could have been easily noticed before opening the packaging.

Classic Plus:


Natural:

Mikeinho

pinkshoes wrote: »

But the two teats look nothing like each other. Unless the package was wrongly labelled or you perhaps could not see the teats from the outside, then I'm afraid that by opening them you have lost your right for a refund. I'm quite sure that the mistake could have been easily noticed before opening the packaging.

Classic Plus:


Natural:

You're kidding, right? This is your attempt at humour or something? I really hope so, but let's assume you are serious for a moment.

Okay, so maybe AFTER it has been pointed out to you (as per my OP), then I agree... in retrospect there's an obvious difference between these two types of product that should have been noticed BEFORE opening the packaging. Probably took you time to find and post these images, huh? Maybe go fish out images of the actual PACKAGING? That might be more relevant to the discussion... yes?

However, if like me you are a 'normal', hard working, sleep deprived, first-time parent, then no... it really is NOT at all obvious from the packaging that these may not contain the teat ordered. I made the schoolboy error (once again) of assuming that someone who trades on eBay is a competent, trustworthy human being. I opened the jiffy bag, I saw they were teats for Philips Avent bottles, I remembered I had ordered teats from eBay, and just opened the packs. How dare I... "what an idiot", I hear you cry! "Your type shouldn't be allowed to breed", would be a fitting criticism. Yes?

And clearly, as the seller sent out the wrong item, then the packaging and the contents are so very similar, that even someone who specifically trades in these types of products is also likely to make the mistake and box-up the wrong teat.

My focus these days is not on the packaging of teats. It's more about looking after the wellbeing of a very small person who has very limited communication skills. So, if I have any free time on my hands in the next year or so, I may write to Philips and ask them to consider changing their packaging to make clearer the difference between the various products they sell, so as to avoid any confusion in future.

So really, no I don't agree. It is - by this example specifically - very easy to miss the (very limited) packaging differences. The problem we have (and the point I raised), is that I ordered one thing, and some other thing was picked, packaged, sent, and received... and the seller believes they have no responsibility?!?

It's not a perishable item. It's not a digital product. It's certainly not used. The original packaging is still there. So, does the buyer retain normal Distance Selling / Consumer Rights? What does the law say? (is the question)

Mikeinho

soolin wrote: »

The problem is that by opening the teats you are unable to return the goods in the same manner that they were sent. Out of interest is the packaging labelled correctly? If not then opening them shouldn't be an issue as you can show photos of the packaging and rely on the fact that you didn't get what was shown on the packet.

However, this is eBay and they tend to find for the buyer regardless, so it might be worth trying a case, but you do need to be prepared for seller to appeal on the basis that you opened and therefore 'used' the item.

Sure, but I'm not remotely interested in 'returning' these. I didn't order them in the first instance. I'll happily hand them over to a courier if they come to the door, but that's all there is to that. Other than that, it's not my problem, your problem, or anyone's problem other than the seller's.

If I sent you something, anything, and you didn't ask for it, then it's not your responsibility to return it. You have no right to claim ownership of it, just that you don't need to do anything to ensure it is returned to the legal owner. That's the law, right?

Had I ordered them and changed my mind, or ordered the wrong thing, then sure... I am responsible, regardless of their opened/unopened state. Not the case here though, as you will appreciate.

As you say, I'll sit it out and let eBay deal with the refund. Annoyingly, the seller was by far the cheapest online purveyor of the specific item I require. I'll now need to drive to Boots and hope they have them in stock.

Oh wow is me.

soolin

Well that's us told!

You made a mistake opening them and yet cannot see past the idea that the seller has somehow done this maliciously, why can't the seller have made an honest mistake as well?

Regardless of that if you want a refund for the incorrect goods through eBay you need to do an SNAD And buyer has a right to expect the goods back (they will need to supply a postal label) before they refund. I'm assuming that these are expensive (I've really no idea about the cost) but even so it might be that the seller will just refund or replace without a return as long as you have approached them politely.

Mikeinho

Ms_Chocaholic wrote: »

Was the Ebay listing specific in terms of what type of teats were being sold? If the listing was incorrect you can open a case.

To confirm, the seller had a single listing for these, but with multiple selection of similar items. I believe they were listed individually based on the range (Classic+ or Natural) and the 'flow rate' (slow, fast, etc.). All were for Philips Avent bottles, and came in packs of 2 teats per sealed shell.

The first thing I did after noticing the difference between the teats (after I opened the pack), was to check on eBay my original order details. Thankfully, I had ordered the correct teats, so I contacted the seller to advise them of their error. As I'm an honest kind of punter, I sent them a picture of the (now opened) packs, as proof.

They haven't denied they sent the wrong item, only that they can't accept returns. My point (as I made in another reply), is I'm not interested in getting involved in a return, only that they have still to honour our sales agreement. The original and only sales agreement I have ever had with them. N'est-ce pas?

Mikeinho

soolin wrote: »

Well that's us told!

You made a mistake opening them and yet cannot see past the idea that the seller has somehow done this maliciously, why can't the seller have made an honest mistake as well?

Regardless of that if you want a refund for the incorrect goods through eBay you need to do an SNAD And buyer has a right to expect the goods back (they will need to supply a postal label) before they refund. I'm assuming that these are expensive (I've really no idea about the cost) but even so it might be that the seller will just refund or replace without a return as long as you have approached them politely.

Who said "maliciously"? Not I. Yes, they made a mistake. I'm not judging. In my field, we are responsible for our mistakes. Not only, but we are responsible for fixing our mistakes, no quibble, no quarrel, and with the offer of an apology for the inconvenience.

They can send me what I ordered, or a refund. Anything else is for the seller to resolve. Capisce? Good. Glad we sorted out your misunderstanding.

Mikeinho

Actually, I've just realised that I've created a rod for my own back. Instead of giving this thread the title "Incorrect Item Received", what I should have put is, "Not Received Item, Also Received Item I Never Ordered".

My apologies if I set you off in the wrong direction with my poor analysis of the situation. So, it's really 2 queries...

1. If a trader believes they have honoured a sale agreement, but I haven't received goods as ordered, what are my Consumer Rights?

2. If by coincidence, the same trader sends me something I never ordered and I opened it thinking it was something else, what recourse do they have other than to arrange collection of said goods?

Where's a community spirited legal eagle when you need one?

NBLondon

soolin wrote: »

Regardless of that if you want a refund for the incorrect goods through eBay you need to do an SNAD And buyer has a right to expect the goods back (they will need to supply a postal label) before they refund.

Is the correct answer to both questions... It is not a coincidence - it is a mistake by the supplier (as you have double-checked that you ordered the right item). You are probably thinking of the law/rights about unsolicited goods - these are not unsolicited - you placed an order with the seller - they are incorrect. So, raise the case, get the return label and get either a refund or a replacement.