Received the wrong item during black friday

LucyMc1

Hi All, 

I wonder if anyone has had this issue and could help me please. I received the wrong order from ASOS which I purchased during Black Friday. 

They've now told me to send the order back and "buy a new one". The item has increased by £135. 

Please could anyone tell me if this has happened to them before? I have complained and I am waiting for a specialist to get back to me. Am I right in saying they need to fulfil my order that was agreed on sale? 

Thanks! 

400ixl

I believe they can refund you and would have met their obligation. So no they don't have to replace at the discounted price.

Whether that is good customer service for retention is another matter.

the_lunatic_is_in_my_head

Technically speaking they breached the contract and you should be put in the position you would have been had that not occurred.

Easiest way is for them to send the correct item and collect the incorrect, or if not give you some kind of voucher or such to purchase again at the BF price. 

I've not shopped with ASOS so have no idea what their customer service is like, hopefully they are sensible and it can be sored out easily  

LucyMc1

the_lunatic_is_in_my_head said:

Technically speaking they breached the contract and you should be put in the position you would have been had that not occurred.

Easiest way is for them to send the correct item and collect the incorrect, or if not give you some kind of voucher or such to purchase again at the BF price. 

I've not shopped with ASOS so have no idea what their customer service is like, hopefully they are sensible and it can be sored out easily  

I thought this too! Resolver.co.uk also said this as well. I'm sure consumer rights act is that they have to fulfil the order that was agreed as part of the contract of purchasing goods

the_lunatic_is_in_my_head

In short, the CRA stipulates they should replace in the first instance and if not you can reject for a refund.

It’s more a case of damages, sometimes referred to as loss of a bargain.

The ceo email website has an email contact for ASOS which worth a try if the specialist isn’t helpful. 

Aylesbury_Duck

LucyMc1 said:

the_lunatic_is_in_my_head said:

Technically speaking they breached the contract and you should be put in the position you would have been had that not occurred.

Easiest way is for them to send the correct item and collect the incorrect, or if not give you some kind of voucher or such to purchase again at the BF price. 

I've not shopped with ASOS so have no idea what their customer service is like, hopefully they are sensible and it can be sored out easily  

I thought this too! Resolver.co.uk also said this as well. I'm sure consumer rights act is that they have to fulfil the order that was agreed as part of the contract of purchasing goods

I'm not so sure.  Putting you back in the position you were in can be achieved by fully refunding you, thereby reversing the contract.  I don't think you can force them to sell you something, so it's probably going to come down to persuading them to do the right thing by negotiation, or taking them to small claims court for the extra £135 you need to buy the right item and hoping you succeed.

HillStreetBlues

It's a messy situation
Normally in contract law you can hold the other person to the contract even if the price has increased. So you agree price for product A and contract is formed.
When they don't supply product A you can hold them (by court if necessary) to the contract, so that would be sending you product A, or reimbursing you the cost of buying product A elsewhere.
Think of it this way,  if the price decreased after you buy it, then you are still obliged to buy it at the agreed higher price,  so works the other way round.

But the issue here would be most on-line retailers form the contract when the item you want to buy is dispatched. But in this case the item you wanted to buy hasn't been dispatched so the retailer might argue that no contract has been formed.

the_lunatic_is_in_my_head

We only accept your order once payment has been approved and we or ASOS Payments have debited the payment card (and then the contract is made based on these terms).

So a contact would have been formed, for those who form on dispatch I think claiming inadvertently placing the incorrect item in the box would be a weak argument for claiming there was no contract.

I mean if they claim that then wouldn’t the goods be unsolicited?

HillStreetBlues

the_lunatic_is_in_my_head said:

We only accept your order once payment has been approved and we or ASOS Payments have debited the payment card (and then the contract is made based on these terms).

So a contact would have been formed, for those who form on dispatch I think claiming inadvertently placing the incorrect item in the box would be a weak argument for claiming there was no contract.

I mean if they claim that then wouldn’t the goods be unsolicited?

Thanks, then as contract is formed then the T&Cs could come into play.
But if their T&Cs doesn't cover it then the OP is in their right to force ASOS to adhere to the contract.

km1500

if ASOS refund then the op should go and buy one elsewhere or from ASOS if that is cheaper

their financial loss will be the difference between what they end up paying and what they paid on black Friday

assuming a contract was formed then they can claim this financial loss back using the small claims procedure

but of course the very first thing to do is to check the terms and conditions of the contract

Mutton_Geoff

A similar thing happened to me. I placed a Black Friday order with Amazon for 4 Kindles but they sent me a Two Ronnies DVD!