Wrong item received

cherryarmband

I ordered a rucksack from Sports Direct.com but received a totally different rucksack. I complained but was told that the web page states "the product you receive may be different to the one shown". Apparently this makes me responsible for paying to return it even though I actually never ordered the rucksack received. Is this legal? I believe it is breaking the law as the goods do not match the description given nor the picture shown on the website, but don't know enough to be sure.

Spank

Is it a totally diffrent i.e. size, make, price? Or Is it an updated version of the bag you ordered?

Aylesbury_Duck

Without seeing the two images it's impossible to know if it is totally different, or merely a slightly tweaked versio . 

Diamandis

They do say "
> Please note: The style you receive may vary from the image shown". It depends if the description matches the product you received in terms of features, capacity, material etc. 

cherryarmband

This is the bag I ordered.

This is the bag I received

Aylesbury_Duck

Looks like a slam-dunk case for a return to me.  They look like they're not even both made by the same company, let alone the fact they're visually different!  I can see why the Nike one might not be suitable for some schools, for example.

Contact them and tell them you're exercising your right to reject because it's not the product you ordered, nor is it reasonably similar.  

unholyangel

Doesn't matter what they say - they can't get around your statutory rights by adding a disclaimer, if you could do that then every retailer would be doing it and the legislation would be redundant! 

Tell them that the Consumer Rights Act states that goods need to conform to contract and if they don't, you can reject them for a refund. That same act also states that terms are unfair if it:

has the object or effect of permitting the trader to determine the characteristics of the subject matter of the contract after the consumer has become bound by it.

And also that the Consumer Protection from Unfair Trading Regulations make it a criminal offence to remove/restrict a consumers rights or try to mislead a consumer about their rights. 

There's also the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations. Which state that any information the trader gives the consumer about the characteristics of the goods is to be treated as a term of the contract and any change to that information (whether before or after entering the contract) is not effective unless the consumer expressly agrees to it (it can't be implied/inferred). 

cherryarmband

Thanks for the above advice, I will try this. I have already told them the goods must match the description and they can't circumvent the law simply by telling consumers in advance that they are going to do this. But this is Sports Direct and frankly they don't care. They have refused a refund as (and I quote directly) "we have sent you the correct item". In a shop I would speak to the manager but online it is impossible to get anyone to do anything other then send out routine emails, so my only option is to go through the small claims court which I wouldn't do for a £25 rucksack. Please don't shop at Sports Direct!!

unholyangel

cherryarmband said:

Thanks for the above advice, I will try this. I have already told them the goods must match the description and they can't circumvent the law simply by telling consumers in advance that they are going to do this. But this is Sports Direct and frankly they don't care. They have refused a refund as (and I quote directly) "we have sent you the correct item". In a shop I would speak to the manager but online it is impossible to get anyone to do anything other then send out routine emails, so my only option is to go through the small claims court which I wouldn't do for a £25 rucksack. Please don't shop at Sports Direct!!

How did you pay for it? 

JamoLew

Aylesbury_Duck said:

Looks like a slam-dunk case for a return to me.  They look like they're not even both made by the same company, let alone the fact they're visually different!  I can see why the Nike one might not be suitable for some schools, for example.

Contact them and tell them you're exercising your right to reject because it's not the product you ordered, nor is it reasonably similar.  

pretty sure the top one is Nike as well (the logo is very small but distinct)
This doesn't change the advice given though