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Online order not as discribed

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  • DanDare999
    DanDare999 Posts: 747 Forumite
    500 Posts Photogenic Name Dropper
    Ergates said:
    OP they should either repair (not an option) or replace the goods (maybe not an option if boards of such a size don't exist). 

    Failing that you have the choice of either a full refund or a price reduction, guidance states that a price reduction should reflect what is paid for vs what is supplied which should be obvious to work out in this instance. 

    Whilst they've made a mistake I very much doubt it is one that should have been known in advance by yourself so I don't think the mistake has any bearing on your consumer rights. 

    If board mods are around, this probably belongs in Consumer Rights :) 
    I'd say that the mistake is so obvious that the OP could have been expected to spot it - a 1.2m x 0.45m board could not possibly have 2.88m2 coverage.
    Well yes and no, many of us can figure such things out, many can’t.

    It’s unlikely the stock photo would indicate size particularly well. 

    Doesn’t any ambiguity in the contract favour the person who didn’t write it? If the durable information detailing the order has the same mistake I think that should favour the OP.


    I think you mean yes, using the wrong area the OP was able to do the maths. I bet they can also work it out using the correct area. Kingspan isn't your every day purchase by the general public. The OP knows they cocked up and is looking for Wickes to give them the 2.4x1.2 boards for the same price. 
    Yet it’s sold in small sizes on a site that sells predominantly to the general public…. 
    So when did you last buy it?
  • Ergates said:
    OP they should either repair (not an option) or replace the goods (maybe not an option if boards of such a size don't exist). 

    Failing that you have the choice of either a full refund or a price reduction, guidance states that a price reduction should reflect what is paid for vs what is supplied which should be obvious to work out in this instance. 

    Whilst they've made a mistake I very much doubt it is one that should have been known in advance by yourself so I don't think the mistake has any bearing on your consumer rights. 

    If board mods are around, this probably belongs in Consumer Rights :) 
    I'd say that the mistake is so obvious that the OP could have been expected to spot it - a 1.2m x 0.45m board could not possibly have 2.88m2 coverage.
    Well yes and no, many of us can figure such things out, many can’t.

    It’s unlikely the stock photo would indicate size particularly well. 

    Doesn’t any ambiguity in the contract favour the person who didn’t write it? If the durable information detailing the order has the same mistake I think that should favour the OP.


    I think you mean yes, using the wrong area the OP was able to do the maths. I bet they can also work it out using the correct area. Kingspan isn't your every day purchase by the general public. The OP knows they cocked up and is looking for Wickes to give them the 2.4x1.2 boards for the same price. 
    Yet it’s sold in small sizes on a site that sells predominantly to the general public…. 
    So when did you last buy it?
    January.

    It’s not uncommon for people to carry out work to their homes and with energy prices I’m guessing insulation sales are doing better than average. 
    In the game of chess you can never let your adversary see your pieces
  • DanDare999
    DanDare999 Posts: 747 Forumite
    500 Posts Photogenic Name Dropper
    Ergates said:
    OP they should either repair (not an option) or replace the goods (maybe not an option if boards of such a size don't exist). 

    Failing that you have the choice of either a full refund or a price reduction, guidance states that a price reduction should reflect what is paid for vs what is supplied which should be obvious to work out in this instance. 

    Whilst they've made a mistake I very much doubt it is one that should have been known in advance by yourself so I don't think the mistake has any bearing on your consumer rights. 

    If board mods are around, this probably belongs in Consumer Rights :) 
    I'd say that the mistake is so obvious that the OP could have been expected to spot it - a 1.2m x 0.45m board could not possibly have 2.88m2 coverage.
    Well yes and no, many of us can figure such things out, many can’t.

    It’s unlikely the stock photo would indicate size particularly well. 

    Doesn’t any ambiguity in the contract favour the person who didn’t write it? If the durable information detailing the order has the same mistake I think that should favour the OP.


    I think you mean yes, using the wrong area the OP was able to do the maths. I bet they can also work it out using the correct area. Kingspan isn't your every day purchase by the general public. The OP knows they cocked up and is looking for Wickes to give them the 2.4x1.2 boards for the same price. 
    Yet it’s sold in small sizes on a site that sells predominantly to the general public…. 
    So when did you last buy it?
    January.

    It’s not uncommon for people to carry out work to their homes and with energy prices I’m guessing insulation sales are doing better than average. 
    So as I said not your everyday purchase and most doing DIY can successfully measure and work out the required materials. 
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It should have been obvious from the price alone. Kingspan boards aren’t cheap.

    Anyway I agree with the majority. You’re getting a refund, they won’t send you the extra boards for no extra cost. I very much doubt they’ll change their mind on this and were you to take it to court I don’t fancy your chances.

    If you want something out of it ask them for a 10% discount on the remaining order. They may well agree to this.
  • sheramber
    sheramber Posts: 22,558 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    sheramber said:
    But surely  a refund as the goods are not suitable is adequate.
    Right to a price reduction also exists (assuming no repair/replace) :) 


    As the boards are too small a reduction in price does not seem useful.

    The retailer has already offered a refund.. he
    I think the OP would like the correct boards at the same price as the smaller ones that he has ordered.
  • Ergates
    Ergates Posts: 3,047 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ergates said:
    OP they should either repair (not an option) or replace the goods (maybe not an option if boards of such a size don't exist). 

    Failing that you have the choice of either a full refund or a price reduction, guidance states that a price reduction should reflect what is paid for vs what is supplied which should be obvious to work out in this instance. 

    Whilst they've made a mistake I very much doubt it is one that should have been known in advance by yourself so I don't think the mistake has any bearing on your consumer rights. 

    If board mods are around, this probably belongs in Consumer Rights :) 
    I'd say that the mistake is so obvious that the OP could have been expected to spot it - a 1.2m x 0.45m board could not possibly have 2.88m2 coverage.
    Well yes and no, many of us can figure such things out, many can’t.

    It’s unlikely the stock photo would indicate size particularly well. 

    Doesn’t any ambiguity in the contract favour the person who didn’t write it? If the durable information detailing the order has the same mistake I think that should favour the OP.


    Perhaps - though I'd say that people would couldn't work that out are probably in the minority of people who might be purchasing these items online.   Also, the OP quite clearly *can* work these things out.
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