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False advertising - wrong item received.

Krist76
Krist76 Posts: 8 Forumite
in Consumer rights
Hi
I bought a phone through Envirofone but they sent the wrong one, a completely different model They have broken their own terms and conditions of their contract in doing this. I have asked for the original item I ordered but they say they don't have it. They are only offering a refund once I return the phone with the possibility of the original being issued if they have it in stock at the time. Isn't this false advertising? Do I have any rights here?
Thanks :-)
«1

Comments

  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    No, its a mistake.

    Send the phone back and theyll send out the correct one or issue you a refund.
  • Krist76
    Krist76 Posts: 8 Forumite
    spadoosh wrote: »
    No, its a mistake.

    If it was a mistake though they'd have the original model I ordered.
  • bigisi
    bigisi Posts: 925 Forumite
    Krist76 wrote: »
    Isn't this false advertising?

    No
    Krist76 wrote: »
    Do I have any rights here?

    Yes, you have a right to a refund to make up for their mistake.

    What did you want them to do, magic a phone up out of thin air to send you.
  • Krist76
    Krist76 Posts: 8 Forumite
    What did you want them to do, magic a phone up out of thin air to send you.[/QUOTE]


    Ha ha no I didn't want magic just the phone I purchased.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 20 November 2018 at 10:51AM
    Krist76 wrote: »
    No, its a mistake.

    If it was a mistake though they'd have the original model I ordered.

    Or they got the post labels mixed up and someone else has it?

    I once got a card from moonpig. I thought it was a card from my OH for valentines day but it turned out to be a valentines day card for james from harry. I always wondered if james was as confused as me if he opened the one i shouldve received.
  • Krist76
    Krist76 Posts: 8 Forumite
    spadoosh wrote: »
    Or they got the post labels mixed up and someone else has it?


    Ha ha yes that could be true, someone has lucked out then and got an upgrade whilst I got the downgrade ;-)
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Krist76 wrote: »
    Ha ha yes that could be true, someone has lucked out then and got an upgrade whilst I got the downgrade ;-)

    I wouldnt expect them to be returning it in a hurry then, it makes a refund more likely im afraid.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Krist76 wrote: »
    If it was a mistake though they'd have the original model I ordered.

    Do you honestly think that a business would intentionally send you the wrong phone knowing that they would have to cover both the initial postage costs as well as the cost of getting the phone back?
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    And knowing that the slightest mistake is splashed all over the web .
  • Blackbeard_of_Perranporth
    Blackbeard_of_Perranporth Posts: 7,605 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Sit tight everyone, I'll pop out an get the popcorn. Meanwhile elsewhere ...
This discussion has been closed.
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