What are my rights when I receive a wrong item?

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On March 13th 2024, I ordered online from a uk seller's website some clothes for my wife: a pair of trousers and some tops. Total cost ~£180, paid with credit card.
The order arrived on the 18th, and we opened it on the 20th, to find the trousers (~£40) were the wrong colour and didn't match the tops.
I sent an email to the retailer saying I had the wrong trousers and what is their procedure in such a case, please? Not had any instructions back yet.
What are my legal rights, please? Am I covered by s75? Are the wrong trousers considered "unsolicited goods"?
Thanks. :)

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  • MacPingu1986
    MacPingu1986 Posts: 175 Forumite
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    Your legal rights are you can have the trousers returned for a refund or replacement to the correct color.
  • born_again
    born_again Posts: 14,474 Forumite
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    Link to website or who is retailer?

    Returns instructions should be on their website.

    S75 will not cover as item price is under £100
    No they are not unsolicited goods, just a mistake by the retailer on a order you made. How much different is the colour? 
    Life in the slow lane
  • Okell
    Okell Posts: 837 Forumite
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    No they aren't unsolicited goods.

    You are entitled to receive as described the items you bought.  Quote s 11 of the Consumer Rights Act 2015 (legislation.gov.uk) to the seller.  If they can't supply the correct trousers you can get a full refund for them.  The seller should pay the return costs of the wrong trousers.

    If the trousers on their own cost less than £100 you have no s75 claim.  You probably have a chargeback claim.

    Chase the seller for a reply before trying chargeback

  • TELLIT01
    TELLIT01 Posts: 16,491 Forumite
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    Is there anything on the delivery note/receipt or website providing details of an address to return items to.
  • Hoenir
    Hoenir Posts: 2,106 Forumite
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    Have you tried ringing the retailer? Often quicker than waiting for an email to be read. 
  • sheramber
    sheramber Posts: 19,143 Forumite
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    gripweed said:
    On March 13th 2024, I ordered online from a uk seller's website some clothes for my wife: a pair of trousers and some tops. Total cost ~£180, paid with credit card.
    The order arrived on the 18th, and we opened it on the 20th, to find the trousers (~£40) were the wrong colour and didn't match the tops.
    I sent an email to the retailer saying I had the wrong trousers and what is their procedure in such a case, please? Not had any instructions back yet.
    What are my legal rights, please? Am I covered by s75? Are the wrong trousers considered "unsolicited goods"?
    Thanks. :)
    What are the return instructions on the website?


    Are the trousers  the colour you ordered but not the colour you expected?

    For example you ordered pale blue tops and trousers but the trousers are  darker than the pale blue tops.

    or
    You ordered blue and got green?

    Are you sure it is a UK based company? A  .co.uk website does not mean it is a UK company.
  • gripweed
    gripweed Posts: 2 Newbie
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    I've had an email back, and the exchange for the correct colour is underway. Thanks for the replies, everyone. :)
  • DeathByFluffy
    DeathByFluffy Posts: 7 Forumite
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    Why would you want the incorrect goods to be classified as unsolicited? 
    If they’ve made a mistake (it happens) I’m sure they’ll sort it, and a mistake being made doesn’t mean you can keep the items for free. 

    It sounds like they’re doing their best to sort this for you - I’m sure they’ll resolve it. 
  • mikb
    mikb Posts: 556 Forumite
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    edited 2 April at 7:23PM
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    Why would you want the incorrect goods to be classified as unsolicited? 
    The usual reason to invoke the "these goods are unsolicited" gambit is because then morally it feels okay to keep them/flog them off on eBay etc.

    It isn't, but people do try ;)

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