John Lewis - incorrect Chromebook description on website

Cocorico

Hi everyone. I recently purchased an Acer Chromebook from John Lewis online, which was described on their website and in my confirmation email as having a touchscreen. 

When I received the item, it quickly became apparent that it didn't have a touchscreen. I did a bit of research on the Acer website and realised that there are two models of this particular Chromebook, one with a touchscreen and one without. John Lewis was describing the Chromebook with the touchscreen but supplied the model without.  

I emailed their customer services and have received an email back offering their sincere apologies for the mix-up, which I'm not very happy with. Am I right in thinking they have broken the Consumer Rights Act 2015 as the goods they supplied were not as described on their website? They've since corrected the description, but I still have my confirmation email. 

[Deleted User]

Mistakes happen, but you can simply return it for a refund.

Manxman_in_exile

Cocorico said:

... Am I right in thinking they have broken the Consumer Rights Act 2015 as the goods they supplied were not as described on their website? ...

Yes.  So you can return for a full refund or perhaps you could try to haggle a reduced price out of them... ?

Cocorico said:

...
I emailed their customer services and have received an email back offering their sincere apologies for the mix-up, which I'm not very happy with....

Is that all they said?  Didn't they offer a refund if you wanted it?  Bad show if they didn't...

The_Fat_Controller

Obviously a genuine mistake on their behalf.

As they have apologised I guess they would be obliged to refund you if even if you have used the device.

What have you asked for and what have they offered to overcome your unhappiness ?

Cocorico

The_Fat_Controller said:

Obviously a genuine mistake on their behalf.

As they have apologised I guess they would be obliged to refund you if even if you have used the device.

What have you asked for and what have they offered to overcome your unhappiness ?

I had hoped that they might offer to replace it with the item that they were advertising on their website when I ordered, i.e. the Chromebook with a touchscreen. 

user1977

Cocorico said:

The_Fat_Controller said:

Obviously a genuine mistake on their behalf.

As they have apologised I guess they would be obliged to refund you if even if you have used the device.

What have you asked for and what have they offered to overcome your unhappiness ?

I had hoped that they might offer to replace it with the item that they were advertising on their website when I ordered, i.e. the Chromebook with a touchscreen. 

It would be nice if they did, but they don't have to do more than give you a refund.

Manxman_in_exile

Do they sell the other version?

No harm in asking if they would swap at no extra cost, but you're basically only entitled to your money back...

the_lunatic_is_in_my_head

Op consumer rights are for the retailer to repair (unlikely in this case) or replace.

If they say that they can’t replace, refuse or claim it’s disproportionately expensive then you have the final right to reject or a price reduction.

Worth a note if you paid the going rate for the version without the touch screen a price reduction may not be viewed as appropriate. 

This could ultimately leave you with the option of a return at their cost and full refund.

From JL point of view a laptop isn’t likely an ideal product to have back so they may offer some good will to keep it if your bargaining skills are good and you want to keep the non-touch screen version.

You can request they provide what was advertised but the above covers why this might not be an entitlement.

Ergates

Cocorico said:

The_Fat_Controller said:

Obviously a genuine mistake on their behalf.

As they have apologised I guess they would be obliged to refund you if even if you have used the device.

What have you asked for and what have they offered to overcome your unhappiness ?

I had hoped that they might offer to replace it with the item that they were advertising on their website when I ordered, i.e. the Chromebook with a touchscreen. 

Given they've changed the description on the website, it seems likely they don't *have* the item originally advertised and it was a mistake on the website, which leaves you with a full or partial refund as options.

y3sitsm3

the_lunatic_is_in_my_head said:

Op consumer rights are for the retailer to repair (unlikely in this case) or replace.

If they say that they can’t replace, refuse or claim it’s disproportionately expensive then you have the final right to reject or a price reduction.

Worth a note if you paid the going rate for the version without the touch screen a price reduction may not be viewed as appropriate. 

This could ultimately leave you with the option of a return at their cost and full refund.

From JL point of view a laptop isn’t likely an ideal product to have back so they may offer some good will to keep it if your bargaining skills are good and you want to keep the non-touch screen version.

You can request they provide what was advertised but the above covers why this might not be an entitlement.

And the retailer has the right to offer a full refund.

Please don't misadvise people like this, it's not helpful.

the_lunatic_is_in_my_head

y3sitsm3 said:

the_lunatic_is_in_my_head said:

Op consumer rights are for the retailer to repair (unlikely in this case) or replace.

If they say that they can’t replace, refuse or claim it’s disproportionately expensive then you have the final right to reject or a price reduction.

Worth a note if you paid the going rate for the version without the touch screen a price reduction may not be viewed as appropriate. 

This could ultimately leave you with the option of a return at their cost and full refund.

From JL point of view a laptop isn’t likely an ideal product to have back so they may offer some good will to keep it if your bargaining skills are good and you want to keep the non-touch screen version.

You can request they provide what was advertised but the above covers why this might not be an entitlement.

And the retailer has the right to offer a full refund.

Please don't misadvise people like this, it's not helpful.

The retailer doesn't have a 'right' to refund, however the consumer has a right to a refund (or price reduction) if the retailer doesn't repair or replace, which is explained in the 2nd paragraph that you've selectively not highlighted, please don't misadvise people like this, it's not helpful....