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Partial refund offered for incorrect item

I ordered a Firestick 4K Max from an online company, after checking it out on Trustpilot. When it arrived it was not the model I ordered. I contacted them immediately and asked them how to return the item, which I couldn’t find on their website. After a month of messages back and forward they have now told me I’ll only get 70% refund because the seal is broken. I only noticed it was the wrong model when I opened it and didn’t use the item. At one point they offered me a £10 gesture of goodwill if I just kept the item they had sent but it’s not the model I ordered, and paid a higher price for.  Unfortunately, as the item was £60 I don’t have section 75 protection either. 

They made the mistake but I’m being penalised!  Any advice would be greatly appreciated. 

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Comments

  • sheramber
    sheramber Posts: 22,695 Forumite
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    What company?
  • elsien
    elsien Posts: 36,167 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Who did you buy from and where is the company based?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • photome
    photome Posts: 16,670 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    Is it a uk company?  
  • molerat
    molerat Posts: 34,660 Forumite
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    Is this a "straight" Firestick or "loaded" ?
  • TELLIT01
    TELLIT01 Posts: 18,053 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    edited 25 October 2024 at 10:48AM
    How clearly is Firestick type/model shown on the box?  Irrespective of that I would have expected them to accept it was their error in sending the wrong item and issue a full refund.  How often do any of us take a detailed look at the packaging when something arrives.  I might spot if it had 4K in big letters and that wasn't what I'd ordered but wouldn't necessarily think anything of it if it was simply a generic Firestick box.  I know when my wife changed her phone recently, and it was available in several colours, the sales guy had to look hard to find where it stated the colour on the box.
  • The company is Deal Monday. A London based company, although tracing them back through Google and Companies House it looks like it is a subsidiary of a company run by a director who lives in Hong Kong. The Firestick was as made, not loaded. It says Firestick 4K clearly on the box but it was the 4k Max I ordered. All I did was open the box then I realised it was the wrong model. They are now saying they are a small company and would suffer a significant loss by accepted returns for brand new products that have been unsealed. 
  • sheramber
    sheramber Posts: 22,695 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Their online returns policy states opened items can be returned

    Return requests must be made within 14 calendar days of receipt. Customers have to pack and ship the product within 14 calendar days after requesting for returns. Opened items are authorized to be returned unless they are used (including trial), installed or activated. The returns have to be made in their original packaging with all accessories that are included in the packages due arrival.


  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    The company is Deal Monday. A London based company, although tracing them back through Google and Companies House it looks like it is a subsidiary of a company run by a director who lives in Hong Kong. The Firestick was as made, not loaded. It says Firestick 4K clearly on the box but it was the 4k Max I ordered. All I did was open the box then I realised it was the wrong model. They are now saying they are a small company and would suffer a significant loss by accepted returns for brand new products that have been unsealed. 
    The "Company" is using a forwarding address and as of September this year is still declaring itself as dormant. It's not a subsidiary of a foreign company given that the director is identified as holding more than 75% of its shareholding plus its only got 1 share issued so he must hold 100%. It's n noted he lives in HK.

    In reality you've bought something from China with the challenges and enforceability that entails. Have they actually given you an address to return it to yet? Most likely will be to China and at your expense
  • elsien
    elsien Posts: 36,167 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Put them an accurate review on trustpilot. That sometimes prods companies into being a tad more helpful although possibly less likely with a Chinese based one. Worth a try though.
    Other option - would the money they offer you off to keep it plus selling it on get you more back than paying to return it via a tracked method? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • elsien said:
    Put them an accurate review on trustpilot. That sometimes prods companies into being a tad more helpful although possibly less likely with a Chinese based one. Worth a try though.
    Other option - would the money they offer you off to keep it plus selling it on get you more back than paying to return it via a tracked method? 
    I’ve put a review on Trustpilot but no response. They have offered a free return but I think I’ve probably exhausted all options and will just have to take the ‘goodwill’ offer and keep the item. 
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