Wrong item sent

teddybear581

I ordered a rugby top for my husbands christmas. He opened it , tried it on and immediately took off the tags as  he decided he would wear it later that day,  Unfortunatey, I wasnt in the room and when I came in I saw it  unfolded I saw it was not the top I had ordered. I immediately  contacted the company to ask for the correct top to be sent out but they are refusing as the tags are off. They are not interested that they sent out the wrong item. ( I didnt notice it was the wrong top when I received it as it has a discrete pattern and I couldnt  see it through the packaging ). Do I have any rights to ask for the correct top?

user1977

Yes. Who is "the company"?

flaneurs_lobster

It's your old man's present, is he happy with it? Does he want it changed? 

Is the correct shirt the same price?

elsien

If he likes it and they are similar price wise, how much does it matter in reality? 

redped

Does your husband prefer the top he received more than the one you had ordered? If so, and assuming there's no difference in price between it and the one you paid for, then why not just keep the current top?

Okell

teddybear581 said:

I ordered a rugby top for my husbands christmas. He opened it , tried it on and immediately took off the tags as  he decided he would wear it later that day,  Unfortunatey, I wasnt in the room and when I came in I saw it  unfolded I saw it was not the top I had ordered. I immediately  contacted the company to ask for the correct top to be sent out but they are refusing as the tags are off. They are not interested that they sent out the wrong item. ( I didnt notice it was the wrong top when I received it as it has a discrete pattern and I couldnt  see it through the packaging ). Do I have any rights to ask for the correct top?

Check your order and compare it to what was delivered.

If what was delivered is not what you ordered (ie the trader sent the wrong item) then of course the trader should exchange it at no cost to you.  It's covered by s11 of the Consumer Rights Act 2015 - goods must be as described.

If they've sent the wrong shirt it's irrelevant whether the tags have been removed or not.

Of course that all assumes that the Consumer Rights Act applies to this transaction.

And that depends on who the seller is

And they are...?

Emmia

teddybear581 said:

I ordered a rugby top for my husbands christmas. He opened it , tried it on and immediately took off the tags as  he decided he would wear it later that day,  Unfortunatey, I wasnt in the room and when I came in I saw it  unfolded I saw it was not the top I had ordered. I immediately  contacted the company to ask for the correct top to be sent out but they are refusing as the tags are off. They are not interested that they sent out the wrong item. ( I didnt notice it was the wrong top when I received it as it has a discrete pattern and I couldnt  see it through the packaging ). Do I have any rights to ask for the correct top?

I'm confused, as it was a Christmas gift, why hadn't you opened the package the top was in before wrapping it up?  I'd have opened it to check it was the right size/design etc. and to check it was of the expected quality. 

Why had you not noticed the error before it went under the tree?


Ultimately though if your husband likes the top he's received, and it's the same price... Does it matter?

teddybear581

Thank you for your comments. I will try and answer everyone.  Most  people saying if he likes the top, its the same price  and it fits it  doesnt matter they sent the wrong one.  Yes , he likes it and it fits but he already has  that older version and he would prefer the new  design so I think it does matter . I did say in my post that it had a discrete design so i didnt notice it through the packaging..and no, I didnt take it out to examine it as they had an extenended returns period for Xmas so I didnt think there would be any problems returning it if it was faulty or didnt fit. It was  bought  from a UK sports company, I dont want to say who as  am waiting for a further reply from them . I just wanted to know if I had any rights so I know how to proceed if they still insist I cant return it. Take care and have  a great 2026 !xx xx 

Okell

teddybear581 said:

... It was  bought  from a UK sports company, I dont want to say who as  am waiting for a further reply from them...

It really makes no difference that you are waiting for a reply from them.  If the law says they have to give you a free exchange then that is what the law says, and you naming (and shaming) them can't change that.

If you tell us who the trader is it benefits you in that it allows other posters here to check that their T&Cs are compliant with the law.

But if you don't want others to help you...

teddybear581

sorry Okell . off course I want help and advice. it was Lovell Sports 

molerat

teddybear581 said:

sorry Okell . off course I want help and advice. it was Lovell Sports 

So Sports Direct !!

That makes things more difficult.