Equipment delivered is a 2018 model.

pompoochie

I bought a NordicTrack s22i exercise bike (online, not direct from them), but the retailer has just delivered it and it is an old 2018 model. There were upgrades in 2019, 2020, and 2021.

They have now said that they are only selling the 2018 model and I can either have £150 off or return it (at my own expense - it's huge and heavy) for a full refund.

Their website doesn't state that it's an old model and their rrp is the same as a 2021 model.

Do I have any rights that would cover the (considerable) cost of returning it too? 

I paid on credit card.

Thank you

powerful_Rogue

pompoochie said:

I bought a NordicTrack s22i exercise bike (online, not direct from them), but the retailer has just delivered it and it is an old 2018 model. There were upgrades in 2019, 2020, and 2021.

They have now said that they are only selling the 2018 model and I can either have £150 off or return it (at my own expense - it's huge and heavy) for a full refund.

Their website doesn't state that it's an old model and their rrp is the same as a 2021 model.

Do I have any rights that would cover the (considerable) cost of returning it too? 

I paid on credit card.

Thank you

None at all. If they don't state what version it is, then they have done nothing wrong. Accept the discount or return.

cx6

In the end, you can go to small claims court, where a judge will make a decision based upon what a reasonable purchaser would expect.

powerful_Rogue

cx6 said:

In the end, you can go to small claims court, where a judge will make a decision based upon what a reasonable purchaser would expect.

Can't see that working out in the OP's favour.

Retailer advertised a bike for sale, never specified which version it was. OP got said bike, just not the version they thought it was.

the_lunatic_is_in_my_head

powerful_Rogue said:

cx6 said:

In the end, you can go to small claims court, where a judge will make a decision based upon what a reasonable purchaser would expect.

Can't see that working out in the OP's favour.

Retailer advertised a bike for sale, never specified which version it was. OP got said bike, just not the version they thought it was.

Not as simple as that, omissions can be classed as misleading actions as per below.

OP which website did you buy from? 


https://www.legislation.gov.uk/uksi/2008/1277/regulation/6

6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—

(a)the commercial practice omits material information,

(3) In paragraph (1) “material information” means—

(a)the information which the average consumer needs, according to the context, to take an informed transactional decision

(4) Where a commercial practice is an invitation to purchase, the following information will be material if not already apparent from the context in addition to any other information which is material information under paragraph (3)—

(a)the main characteristics of the product, 

Aylesbury_Duck

As above, if they delivered what you ordered, you should grab the £150 offer before they withdraw it.  You're not entitled to that, or anything better.

cx6

true, but what would a reasonable consumer expect ?

suppose it was a 1996 model ? a 1970 model ? where is the line drawn ?

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

cx6 said:

In the end, you can go to small claims court, where a judge will make a decision based upon what a reasonable purchaser would expect.

Can't see that working out in the OP's favour.

Retailer advertised a bike for sale, never specified which version it was. OP got said bike, just not the version they thought it was.

Not as simple as that, omissions can be classed as misleading actions as per below.

OP which website did you buy from? 


https://www.legislation.gov.uk/uksi/2008/1277/regulation/6

6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—

(a)the commercial practice omits material information,

(3) In paragraph (1) “material information” means—

(a)the information which the average consumer needs, according to the context, to take an informed transactional decision

(4) Where a commercial practice is an invitation to purchase, the following information will be material if not already apparent from the context in addition to any other information which is material information under paragraph (3)—

(a)the main characteristics of the product, 

Nonsense. The OP presumed instead of asking.

Phantom151

I'd argue that it depends on the price paid. They seem to be £2k new from the manufacturer but they are available at just over £1k according to Google shopping. If you bought the £1k one then you shouldn't expect the up to date one.

Dare I suggest that the specs were on the page somewhere but you didn't think to compare them?

visidigi

pompoochie said:

I bought a NordicTrack s22i exercise bike (online, not direct from them), but the retailer has just delivered it and it is an old 2018 model. There were upgrades in 2019, 2020, and 2021.

They have now said that they are only selling the 2018 model and I can either have £150 off or return it (at my own expense - it's huge and heavy) for a full refund.

Their website doesn't state that it's an old model and their rrp is the same as a 2021 model.

Do I have any rights that would cover the (considerable) cost of returning it too? 

I paid on credit card.

Thank you

What did the photos show? Was it modified for look across the versions?

How much did you pay? Was it clearly reduced versus the list of £2k?

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

cx6 said:

In the end, you can go to small claims court, where a judge will make a decision based upon what a reasonable purchaser would expect.

Can't see that working out in the OP's favour.

Retailer advertised a bike for sale, never specified which version it was. OP got said bike, just not the version they thought it was.

Not as simple as that, omissions can be classed as misleading actions as per below.

OP which website did you buy from? 


https://www.legislation.gov.uk/uksi/2008/1277/regulation/6

6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—

(a)the commercial practice omits material information,

(3) In paragraph (1) “material information” means—

(a)the information which the average consumer needs, according to the context, to take an informed transactional decision

(4) Where a commercial practice is an invitation to purchase, the following information will be material if not already apparent from the context in addition to any other information which is material information under paragraph (3)—

(a)the main characteristics of the product, 

Nonsense. The OP presumed instead of asking.

A sound argument as usual. The idea that traders can simply omit information pertaining to the purchase and it be down to the consumer to ask is nonsense (to use your term).

What you fail to recognise is that consumer rights are designed to protect the consumer by giving them a favourable position over the trader. This creates confidence, which creates spending, which keeps the world turning.