Incorrect Product

Lewski38

powerful_Rogue said:

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.

I did pay in Euros. I just thought I was getting a 'flash deal' as I was alerted when the price of a product went below or at a certain price.

davidmcn

Lewski38 said:

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.

The company is www.alternate.fr

In that case your consumer rights are French. We only really know about UK consumer rights here.

noitsnotme

Lewski38 said:

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

But they didn’t dispatch ‘it’ to you did they, they dispatched something else.

It’s moot anyway because as above it’s French law that dictates things and good luck forcing a French company to send it to you at the error price.

Lewski38

Lewski38 said:

powerful_Rogue said:

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.

I did pay in Euros. I just thought I was getting a 'flash deal' as I was alerted when the price of a product went below or at a certain price.

At it turns out it is a German company with a French website. Thanks all for your help 👍🏽

Ectophile

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.

In that case, no they are not required to send it.

But if you send back the wrong goods, then they should refund you.

Manxman_in_exile

Ectophile 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.

In that case, no they are not required to send it.

But if you send back the wrong goods, then they should refund you.

That phrasing might be a bit confusing for the OP (who I presume - perhaps wrongly - is not a native English speaker)?

"But if you send back the goods they sent you by mistake, then etc... " might be clearer.  (He needs to send back the "right" goods for return - ie that were sent by mistake - not the "wrong" ones.)

This thread is confusing enough as it is...