Consumer Rights for Wrong Product Sent

Jules1234567890

I've purchase a BBQ on line and before placing the order, specifically spoke to them checking that it was the right 2019 model, not the 2018 model. They confirmed it was. I placed the order, there was a delay in sending it, due to their systems issue, but eventually it arrived.

I built the BBQ and then once complete, realised that it was the wrong model, the 2018 one. I've contacted the online company who rather than communicate with us directly has forwarded our complaint onto another company saying that they thought they were selling the 2019 model, when in fact they had been supplied with the 2018 model. They have asked their supplier to deal with our request.

I don't think it's right that I should have to deal with the company's supplier and no one is really coming back to us to resolve the situation. I have contacted them within the 14 day cooling off period and requested the BBQ is picked up and full refund given. They have so far ignored this request. I paid for the BBQ via Paypal.

Can anyone confirm where I stand legally on this please? I'm getting frustrated with the lack of communication and would like to turn up the heat. I'm not asking for any compensation and believe I'm entitled to a refund. Should I continue on with the company I purchase the BBQ from or contact paypal.

The product has been built, but has not been used and is in pristine condition. I have the outer packaging, but as you can imagine, all the little boxes that the different pieces come in have been disposed of.

Thanks

hollydays

So what’s the difference between the two models

unholyangel

Legally you're entitled to the item you ordered or to reject the goods for a refund.

You could try a case with paypal but I wouldn't hold out much hope (which is pretty much why I never buy goods or services with paypal). You may need to send a letter before action to the retailer.

Jules1234567890

Just some subtle differences with the drip tray, position of the round grill plate and where you hang your utensils.

DoaM

Are those differences really so critical?

Is there a noticeable price difference between the 2019 and 2018 models? If yes, why not suggest that the seller refunds you the difference?

Matty36

Your contract is with the retailer, not their supplier. If there is an issue with a supplier, that's the retailers problem, not yours.

However, are the differences in the 2 models a deal breaker? If they're negligible, then like a previous poster mentioned, demand a refund of the difference to save yourself the hassle.

Jules1234567890

Thanks you for your advice. The differences are of significant difference to me, especially the position of the grill plate, but more importantly, if I wanted to purchase the model I've received, I could have purchased it elsewhere for £50 less.

I will continue to liase with the company directly, but reading their T&Cs, l'm liable for returns costs. I'm relying on the goodwill of the company to cover this for me (for their mistake) otherwise in anyway, I'm going to be out of pocket. (Either £50 overpaid for an item I didn't want or a £60+ return fee)

unholyangel

Jules1234567890 wrote: »

Thanks you for your advice. The differences are of significant difference to me, especially the position of the grill plate, but more importantly, if I wanted to purchase the model I've received, I could have purchased it elsewhere for £50 less.

I will continue to liase with the company directly, but reading their T&Cs, l'm liable for returns costs. I'm relying on the goodwill of the company to cover this for me (for their mistake) otherwise in anyway, I'm going to be out of pocket. (Either £50 overpaid for an item I didn't want or a £60+ return fee)

You're not liable for return costs if the goods don't conform to contract - in fact, unless you have previously agreed to return rejected goods then your only obligation (under the consumer rights act anyway) is to make the goods available for collection and take reasonable care of them. Even if you did agree to return the goods, the retailer would be liable for the costs.

Of course if you plan on using paypal then I believe they usually require you to return the goods.

DoaM

Jules1234567890 wrote: »

but reading their T&Cs, l'm liable for returns costs.

No you're not - the company sent the wrong thing therefore THEY are liable for all costs incurred in either completing or nullifying the contract (i.e. collecting the wrong unit*, and delivering the right one or providing a full refund). Their T&Cs cannot overrule your statutory rights under the Consumer Rights Act 2015.

* or reimbursing you/covering the costs for you to return the wrong unit

Takmon

Jules1234567890 wrote: »

I've purchase a BBQ on line and before placing the order, specifically spoke to them checking that it was the right 2019 model, not the 2018 model. They confirmed it was. I placed the order, there was a delay in sending it, due to their systems issue, but eventually it arrived.

I built the BBQ and then once complete, realised that it was the wrong model, the 2018 one. I've contacted the online company who rather than communicate with us directly has forwarded our complaint onto another company saying that they thought they were selling the 2019 model, when in fact they had been supplied with the 2018 model. They have asked their supplier to deal with our request.

I don't think it's right that I should have to deal with the company's supplier and no one is really coming back to us to resolve the situation. I have contacted them within the 14 day cooling off period and requested the BBQ is picked up and full refund given. They have so far ignored this request. I paid for the BBQ via Paypal.

Can anyone confirm where I stand legally on this please? I'm getting frustrated with the lack of communication and would like to turn up the heat. I'm not asking for any compensation and believe I'm entitled to a refund. Should I continue on with the company I purchase the BBQ from or contact paypal.

The product has been built, but has not been used and is in pristine condition. I have the outer packaging, but as you can imagine, all the little boxes that the different pieces come in have been disposed of.

Thanks

I don't understand why you disposed of all the internal boxes when you knew it was he wrong model?. You must have known it was the wrong model as soon as you built it because like you said the different location of the grill plate is significant to you.

Personally i would take apart the BBQ put it back in the box and then email/call the company you bought it off to say it's ready to be collected and you want a full refund. I would keep on with them until they reply.

DoaM

Takmon wrote: »

I don't understand why you disposed of all the internal boxes when you knew it was he wrong model?

Whilst I agree in principle, for a SNAD or Fault case it doesn't matter - original packing is not required to be returned.