Incorrect Product

Aylesbury_Duck

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.

Ignore my last reply, just seen this.  No, if they've made a mistake on the pricing, they are allowed to cancel the contract.

Lewski38

Aylesbury_Duck said:

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).

They have the product that was advertised but I notified them it was the wrong product for what I paid for. They then realised that the price was incorrect online. My question is, are they obliged to send this product to me even though the pricing error was their fault. As they accepted my money this usually means they have entered a contract to sell this product at the advertised price.

Lewski38

theonlywayisup said:

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? 

They told me after I emailed them to say they have sent me the wrong product. I said I ordered a 1Tb hard drive but they sent me a incorrect one. One completely different to what they advertised online and what was printed on my invoice.

Lewski38

davidmcn said:

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.

Ok....Maybe the difference in price is €75. Yes, it is available in other locations/websites.

Aylesbury_Duck

Lewski38 said:

Aylesbury_Duck said:

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).

They have the product that was advertised but I notified them it was the wrong product for what I paid for. They then realised that the price was incorrect online. My question is, are they obliged to send this product to me even though the pricing error was their fault. As they accepted my money this usually means they have entered a contract to sell this product at the advertised price.

To which the answer is no.  You can ask, of course, but no, they're not obliged to. 

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 do have the product in stock but they will not send it to me because what they advertised was too cheap for said product. (Which was their mistake). My question is, are they legally obliged to send me the product (which they have in stock) as I had paid for it, which they accepted (which bonds them to a contract) but they did not send it.

Lewski38

Aylesbury_Duck said:

Lewski38 said:

Aylesbury_Duck said:

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).

They have the product that was advertised but I notified them it was the wrong product for what I paid for. They then realised that the price was incorrect online. My question is, are they obliged to send this product to me even though the pricing error was their fault. As they accepted my money this usually means they have entered a contract to sell this product at the advertised price.

To which the answer is no.  You can ask, of course, but no, they're not obliged to. 

Ok, I read on a few pages researching that once a company receives payment then they were obliged to supply this product at the price advertised. Thanks for your help 👍🏽

noitsnotme

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 do have the product in stock but they will not send it to me because what they advertised was too cheap for said product. (Which was their mistake). My question is, are they legally obliged to send me the product (which they have in stock) as I had paid for it, which they accepted (which bonds them to a contract) but they did not send it.

Which business is it?  Most online sales contracts are not formed until the item has been dispatched but it must say so in their terms and conditions for it to be valid.

Check their T&Cs or post a link so we can check.

powerful_Rogue

What website was this if you paid in euros? You might not have any UK Consumer Rights.

However you knew the price was wrong, they are allowed to treat the contract as null and void for a unilateral error.

Lewski38

noitsnotme said:

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 do have the product in stock but they will not send it to me because what they advertised was too cheap for said product. (Which was their mistake). My question is, are they legally obliged to send me the product (which they have in stock) as I had paid for it, which they accepted (which bonds them to a contract) but they did not send it.

Which business is it?  Most online sales contracts are not formed until the item has been dispatched but it must say so in their terms and conditions for it to be valid.

Check their T&Cs or post a link so we can check.

It was dispatched to me. They realise their error AFTER I had told them I received and incorrect product which wasn't the one advertised.

The company is www.alternate.fr

I can't seem to post my comment when I add the link