Very mis-delivery, and mis-representation

Eborexile

Very is one of the hardest companies to contact and in my experience least concerned about meeting contractual obligations.
It is not my usual practice to publicly call out a company but I think that people should be aware that, from my example, you cannot rely on the Very website.
I have spent over 2 hours on the 'phone to Very, sent 6 e-mails, and a formal letter without resolution.

I ordered an Echo (4th Gen) + Philips Hue package after seeing a good price on their website.
Order confirmation e-mail, and despatch note from Very clearly confirmed this.

The delivery was prompt, however the box contained an Echo Dot which is a lower specification smart speaker with reduced functionality.

Without wishing to catalogue the tortuous communications, 2 months down the line I have today been told that they will not honour their contract with me.
Despite showing them the above documentation and also the screen that I clicked to add to my basket and then check out - which also clearly states Echo not Echo Dot.

The response from Very is that I received the item they intended and that they will internally stress the need to make the website clear.
Their website today now shows the Dot/Hue. 

For me this feels like buying something from a market stall, handing over your money and the dodgy stall holder offering to wrap it for you.
When you get home you find the item you ordered has been swapped under the table for a cheaper alternative. 

It also tells me that I cannot trust what I see on the Very website and certainly cannot have faith that they will deliver what I have ordered.

I'm not sure next steps but feel frustrated and disappointed that I don't have the expected products.  

maisie_cat

Have you returned the Echo/Hue you received and been refunded?
You are entitled to be put back in the position you were before you ordered, but you cannot force them to supply you something.  

Eborexile

maisie_cat said:

Have you returned the Echo/Hue you received and been refunded?
You are entitled to be put back in the position you were before you ordered, but you cannot force them to supply you something.  

Thank you for your reply.
The basis of my complaint is different as I believe that when they took my money they entered into a contract.
Also,Section 9, 10 and 11 of the Consumer Rights Act 2015 require you to supply goods of satisfactory quality, that are fit for purpose and which are as described. 

They have not delivered "as described".

jon81uk

Eborexile said:

maisie_cat said:

Have you returned the Echo/Hue you received and been refunded?
You are entitled to be put back in the position you were before you ordered, but you cannot force them to supply you something.  

Thank you for your reply.
The basis of my complaint is different as I believe that when they took my money they entered into a contract.
Also,Section 9, 10 and 11 of the Consumer Rights Act 2015 require you to supply goods of satisfactory quality, that are fit for purpose and which are as described. 

They have not delivered "as described".

But your main right is to reject the goods and get a full refund.

The consumer rights act can still not force them to sell you something or correct an error.

You can return the whole order stating it is not as described and get a full refund.

Penguin_

Eborexile said:

maisie_cat said:

Have you returned the Echo/Hue you received and been refunded?
You are entitled to be put back in the position you were before you ordered, but you cannot force them to supply you something.  

Thank you for your reply.
The basis of my complaint is different as I believe that when they took my money they entered into a contract.
Also,Section 9, 10 and 11 of the Consumer Rights Act 2015 require you to supply goods of satisfactory quality, that are fit for purpose and which are as described. 

They have not delivered "as described".

What do their terms & conditions say about this? Some retailers will say that a contract is only formed upon dispatch of goods. For example Argos:

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products

jon81uk

Penguin_ said:

Eborexile said:

maisie_cat said:

Have you returned the Echo/Hue you received and been refunded?
You are entitled to be put back in the position you were before you ordered, but you cannot force them to supply you something.  

Thank you for your reply.
The basis of my complaint is different as I believe that when they took my money they entered into a contract.
Also,Section 9, 10 and 11 of the Consumer Rights Act 2015 require you to supply goods of satisfactory quality, that are fit for purpose and which are as described. 

They have not delivered "as described".

What do their terms & conditions say about this? Some retailers will say that a contract is only formed upon dispatch of goods. For example Argos:

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products

The delivery has taken place so that is irrelevant really.

It seems there was a website error advertisting the wrong product as part of a bundle.
So the OP didn't receive the item they expected, but the item Very expected should be part of that bundle.

As it is a genuine error the OP has no right to get the more expensive product at that price and should return the entire bundle for a refund.

Manxman_in_exile

As others have said, you cannot force them to sell you something they do not have - regardless of any errors on their website.

You are entitled to return it (at Very's expense) for a full refund of everything (including any standard delivery charges) you paid them.

MalMonroe

Eborexile said:

maisie_cat said:

Have you returned the Echo/Hue you received and been refunded?
You are entitled to be put back in the position you were before you ordered, but you cannot force them to supply you something.  

Thank you for your reply.
The basis of my complaint is different as I believe that when they took my money they entered into a contract.
Also,Section 9, 10 and 11 of the Consumer Rights Act 2015 require you to supply goods of satisfactory quality, that are fit for purpose and which are as described. 

They have not delivered "as described".

Sometimes companies get it wrong. And that's where the Consumer Rights Act comes in. If you are not happy because the goods are not 'as described' then you notify the company and say you want to return them for a full refund. That is your consumer right.

What you should do is inform the retailer that they've sent the wrong thing, you don't want it and you wish to return it, postage paid by them. No need to spend hours on tortuous communications just because they made a mistake.  

Once you've sent it back and they've issued a full refund, you are able to buy the correct item from another supplier. I don't see a problem. Apart from the fact that Very got it wrong, as businesses often do. Your complaint just doesn't hold water.

[Also, on this site it's not forum policy to criticise businesses - this taken from the Rules - "We appreciate emotions can run high should you experience poor service from companies, but we cannot accept active calls to boycott organisations as we are unable to verify the service you received."]

Eborexile

Thanks to everyone for their comments.
The balance of opinion seems to believe that there wasn't a contractual obligation on the part of the company to supply goods as offered on their site.
(and as confirmed by them subsequently)
It seems strange that they can tell me they are sending an item but then despatch something of lower specification and value.
Their website meant that I didn't check competitor sites as their advertised price was acceptable.
However it seems they are within their rights.

RogerBareford

Eborexile said:

Very is one of the hardest companies to contact and in my experience least concerned about meeting contractual obligations.
It is not my usual practice to publicly call out a company but I think that people should be aware that, from my example, you cannot rely on the Very website.
I have spent over 2 hours on the 'phone to Very, sent 6 e-mails, and a formal letter without resolution.

I ordered an Echo (4th Gen) + Philips Hue package after seeing a good price on their website.
Order confirmation e-mail, and despatch note from Very clearly confirmed this.

The delivery was prompt, however the box contained an Echo Dot which is a lower specification smart speaker with reduced functionality.

Without wishing to catalogue the tortuous communications, 2 months down the line I have today been told that they will not honour their contract with me.
Despite showing them the above documentation and also the screen that I clicked to add to my basket and then check out - which also clearly states Echo not Echo Dot.

The response from Very is that I received the item they intended and that they will internally stress the need to make the website clear.
Their website today now shows the Dot/Hue. 

For me this feels like buying something from a market stall, handing over your money and the dodgy stall holder offering to wrap it for you.
When you get home you find the item you ordered has been swapped under the table for a cheaper alternative. 

It also tells me that I cannot trust what I see on the Very website and certainly cannot have faith that they will deliver what I have ordered.

I'm not sure next steps but feel frustrated and disappointed that I don't have the expected products.  

So the wesbite also showed the wrong photo aswell?

MattMattMattUK

Eborexile said:

Thanks to everyone for their comments.
The balance of opinion seems to believe that there wasn't a contractual obligation on the part of the company to supply goods as offered on their site.
(and as confirmed by them subsequently)
It seems strange that they can tell me they are sending an item but then despatch something of lower specification and value.
Their website meant that I didn't check competitor sites as their advertised price was acceptable.
However it seems they are within their rights.

The issue is you had the right to reject the order for a full refund, which is something you have chosen not to do. You had a right to a full refund, you chose not to take it.