Incorrect Product

Lewski38

Hello,

I recently purchased a product online, paid for it, was sent a invoice and I have received the product. Unfortunately, the product is not what is advertised. I contacted them and they said it was a mistake on their website. Now I could send it back for free but they have actually advertised a product (by mistake or not) but are they legally obliged to supply this product to me since it was paid for, invoiced and sent to me, regardless of the mistake online. I just thought after paying for a product online and them sending it etc we have now entered a legal agreement to supply this product?

Thanks in advance.

davidmcn

What's the difference (in value) between what they listed and what they sent? Is the item actually available elsewhere?

Aylesbury_Duck

Lewski38 said:

Hello,

I recently purchased a product online, paid for it, was sent a invoice and I have received the product. Unfortunately, the product is not what is advertised. I contacted them and they said it was a mistake on their website. Now I could send it back for free but they have actually advertised a product (by mistake or not) but are they legally obliged to supply this product to me since it was paid for, invoiced and sent to me, regardless of the mistake online. I just thought after paying for a product online and them sending it etc we have now entered a legal agreement to supply this product?

Thanks in advance.

Don't these two bits contradict each other?  You entered into a contract to buy product A, but they've sent you product B.  The contract won't be completed until you return B and receive A.

Ectophile

If they haven't actually got the product you ordered, then they can't send one to you.  All they can do is refund your money.

If they have got what you ordered, then they can send it to you.  But either way, you should send the wrong goods back, at their expense.

Lewski38

They advertised a product...to be specific a 1TB hard drive for my PC. I paid for this product and they sent me a hard drive of 250gb which would cost a lot less. I sent them photos of the advertisement they had shown, the product and price. They said it was their error and could only offer a refund. 
My question is, if they advertise the product and I pay for it surely they should send me what I had paid for as we had entered an agreement regarding product/price.

My apologies if it is not worded very well.

Lewski38

davidmcn said:

What's the difference (in value) between what they listed and what they sent? Is the item actually available elsewhere?

Thanks for the reply. My question is that if they advertise something, I pay for it, they accept the payment etc are they legally obliged to sell me what they advertised (even though it was a mistake on their half).

Lewski38

Ectophile said:

If they haven't actually got the product you ordered, then they can't send one to you.  All they can do is refund your money.

If they have got what you ordered, then they can send it to you.  But either way, you should send the wrong goods back, at their expense.

They have got the product I ordered but if they had sent me that I would have got it below 'normal' price. They basically made a mistake with the price. My question is, are they obliged to give me this product as advertised and at that price as they accepted my payment, sent me an invoice but sent me a different product. I paid for a certain product but they sent me something different.

davidmcn

Lewski38 said:

davidmcn said:

What's the difference (in value) between what they listed and what they sent? Is the item actually available elsewhere?

Thanks for the reply. My question is that if they advertise something, I pay for it, they accept the payment etc are they legally obliged to sell me what they advertised (even though it was a mistake on their half).

It would help if you answer our questions, rather than just repeat what you've already said, as they are relevant to the advice you're wanting.

theonlywayisup

Lewski38 said:

Ectophile said:

If they haven't actually got the product you ordered, then they can't send one to you.  All they can do is refund your money.

If they have got what you ordered, then they can send it to you.  But either way, you should send the wrong goods back, at their expense.

They have got the product I ordered but if they had sent me that I would have got it below 'normal' price. They basically made a mistake with the price. My question is, are they obliged to give me this product as advertised and at that price as they accepted my payment, sent me an invoice but sent me a different product. I paid for a certain product but they sent me something different.

How do you know there was a mistake with the price? 

Aylesbury_Duck

Lewski38 said:

They advertised a product...to be specific a 1TB hard drive for my PC. I paid for this product and they sent me a hard drive of 250gb which would cost a lot less. I sent them photos of the advertisement they had shown, the product and price. They said it was their error and could only offer a refund. 
My question is, if they advertise the product and I pay for it surely they should send me what I had paid for as we had entered an agreement regarding product/price.

My apologies if it is not worded very well.

I understand.  Put the wrong drive to one side, it's a distraction.  You can't force them to provide what they don't have, but they must refund you, (and pay for the return of the wrong one).

Lewski38

Aylesbury_Duck said:

Lewski38 said:

Hello,

I recently purchased a product online, paid for it, was sent a invoice and I have received the product. Unfortunately, the product is not what is advertised. I contacted them and they said it was a mistake on their website. Now I could send it back for free but they have actually advertised a product (by mistake or not) but are they legally obliged to supply this product to me since it was paid for, invoiced and sent to me, regardless of the mistake online. I just thought after paying for a product online and them sending it etc we have now entered a legal agreement to supply this product?

Thanks in advance.

Don't these two bits contradict each other?  You entered into a contract to buy product A, but they've sent you product B.  The contract won't be completed until you return B and receive A.

My problem is that they will not give me product B for the price we agreed upon as they now found out it was a mistake AFTER already agreeing to the sale (as they received my money, they sent and invoice etc). So my question is, are they obliged to give me the product which I purchased for the price they advertised online?

Thanks for the help