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  • FIRST POST
    grid212
    Company has sent the wrong, more expensive, product
    • #1
    • 5th Feb 10, 1:20 PM
    Company has sent the wrong, more expensive, product 5th Feb 10 at 1:20 PM
    Dear Money Saving Experts,

    I have a question with regard to a mail order piece of furniture I purchased recently.

    Around two years ago we purchased some living room furniture from an independent company. Just recently we decided we wanted a stool to go with it, which the company also supply in various styles that match our existing chairs and sofa.

    The stool arrived around a week and a half ago and looked great. We un-boxed it and started using it. Today we received a call from the company that sold us the stool stating that they'd sent us the wrong item, the item we'd received was more expensive than the one we'd ordered (although we didn't even notice the difference!).

    When the company called we politely and reasonably explained that we didn't want to send the item back, it matches our furniture and we're quite happy with it, and that it was their mistake. The person who called said she'd have to speak to the manager, and again explained that the item we'd received was more expensive.

    I just wanted to know what our rights are? I've looked at the distance selling act, but for the most part it doesn't talk about errors in your favour. Can the company legally insist I pay more for the item I have received or demand it back?

    I don't want something for nothing, and I don't want to see any company suffer at my expense, however we paid a not insignificant amount for a product and the item we received we're perfectly happy with and don't want to have to pay a penny more for!

    What are other people's thoughts, legally where do I stand?
Page 1
  • 4743hudsonj
    • #2
    • 5th Feb 10, 1:51 PM
    • #2
    • 5th Feb 10, 1:51 PM
    Dear Money Saving Experts,

    I have a question with regard to a mail order piece of furniture I purchased recently.

    Around two years ago we purchased some living room furniture from an independent company. Just recently we decided we wanted a stool to go with it, which the company also supply in various styles that match our existing chairs and sofa.

    The stool arrived around a week and a half ago and looked great. We un-boxed it and started using it. Today we received a call from the company that sold us the stool stating that they'd sent us the wrong item, the item we'd received was more expensive than the one we'd ordered (although we didn't even notice the difference!).

    When the company called we politely and reasonably explained that we didn't want to send the item back, it matches our furniture and we're quite happy with it, and that it was their mistake. The person who called said she'd have to speak to the manager, and again explained that the item we'd received was more expensive.

    I just wanted to know what our rights are? I've looked at the distance selling act, but for the most part it doesn't talk about errors in your favour. Can the company legally insist I pay more for the item I have received or demand it back?

    I don't want something for nothing, and I don't want to see any company suffer at my expense, however we paid a not insignificant amount for a product and the item we received we're perfectly happy with and don't want to have to pay a penny more for!

    What are other people's thoughts, legally where do I stand?
    Originally posted by grid212
    This all depends on what you were invoiced for.

    If you were invoiced for the more expensive item then you have every right to keep it at that price.

    If however (and this is more likely) you paid for and were invoiced for A (less expensive) but received B(more expensive) then the shop have every right to the stool back at your convenience.

    I would be inclined to point out that you have used it and therefore they couldnt sell it as brand new, perhaps they will think its more expensive to leave than to take back. Otherwise co-operate with them and get them to pick up the stool at your convenience and send you new one at the same time
  • grid212
    • #3
    • 5th Feb 10, 4:29 PM
    • #3
    • 5th Feb 10, 4:29 PM
    4743hudsonj,

    Thanks for the speedy response! that's really useful info. We were invoiced and paid for the less expensive item (no idea how much the one we received is) so it looks like there may be a deal to be done if the seller wants the product back. As you say the seller will have to arrange collection and delivery of a new item so perhaps they'll knock those two delivery costs off the price difference and save everyone some time.

    Thanks again.
  • MORPH3US
    • #4
    • 5th Feb 10, 4:37 PM
    • #4
    • 5th Feb 10, 4:37 PM
    Yes tell them its now been used so they can have it back if they want and if they provide the correct stool.. I wouldn't think they would bother with the hassle as they couldn't re-sell the used one as new.
    • Esqui
    • By Esqui 5th Feb 10, 6:06 PM
    • 3,298 Posts
    • 2,417 Thanks
    Esqui
    • #5
    • 5th Feb 10, 6:06 PM
    • #5
    • 5th Feb 10, 6:06 PM
    You should give it back, it's the right thing to do. Imagine if they'd sent you a cheaper one and told you the person who got the one you should have had didn't want to give it back.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
    • pmduk
    • By pmduk 5th Feb 10, 7:04 PM
    • 9,577 Posts
    • 7,222 Thanks
    pmduk
    • #6
    • 5th Feb 10, 7:04 PM
    • #6
    • 5th Feb 10, 7:04 PM
    On this occasion I reckon esqui is wrong. It is entirely the store's fault. They picked the wrong item and have only realised afterwards. You have now incorporated this item into your home. If you were to return it you should ensure you charge them for all of your time and costs incurred. The odds are this would negate any money they would recoup. If another customer receives the wrong item it just proves the firm's inadequacy.
    Last edited by pmduk; 05-02-2010 at 8:30 PM.
    • Esqui
    • By Esqui 5th Feb 10, 7:39 PM
    • 3,298 Posts
    • 2,417 Thanks
    Esqui
    • #7
    • 5th Feb 10, 7:39 PM
    • #7
    • 5th Feb 10, 7:39 PM
    I didn't say it wasn't the store's fault. I'm just saying that if (and when) the store realises their mistake, it would be right of the OP to give it back to them - although the store should, at the very least, bear the costs of collecting and putting the mistake right
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
    • pmduk
    • By pmduk 5th Feb 10, 8:17 PM
    • 9,577 Posts
    • 7,222 Thanks
    pmduk
    • #8
    • 5th Feb 10, 8:17 PM
    • #8
    • 5th Feb 10, 8:17 PM
    How often does a company realise they've overcharged you and make any effort to refund you? Their business is to trade. If they can't do that efficiently why should customers be put to any trouble. I don't believe in misleading or deliberately cheating a retailer, but I expect the same standard of professionalism in return.
    • julie1075
    • By julie1075 5th Feb 10, 8:51 PM
    • 217 Posts
    • 189 Thanks
    julie1075
    • #9
    • 5th Feb 10, 8:51 PM
    • #9
    • 5th Feb 10, 8:51 PM
    I had a similar event this week. I had ordered some football clothing from a branded online sale. When I opened the parcel to check the items I noticed I had been sent a polo shirt instead of a fleece top. I rang to tell them and they offered me a refund as the fleece was now out of stock. I told them I would post the polo shirt back the next day (I had it all wrapped up ready to go back) but they said there was no need. So I got a refund for the fleece and kept the polo shirt - which I looked up and was twice the price of the fleece and not in the sale! And was the size I needed too! I did keep asking him if he was sure I didn't need to send it back, it just seemed very strange to me, but hey ho I'm not complaining!
    • tomstickland
    • By tomstickland 5th Feb 10, 8:54 PM
    • 18,904 Posts
    • 15,428 Thanks
    tomstickland
    I think you should be reasonable. The company made a mistake, they've realised it and now you're going on about "your rights".
    If they'd sent a cheaper item would you be happy if their response was "well, we don't want to take it back and send the right item."
    Happy chappy
    • Pollycat
    • By Pollycat 6th Feb 10, 10:19 AM
    • 21,184 Posts
    • 57,173 Thanks
    Pollycat
    I would be inclined to point out that you have used it and therefore they couldnt sell it as brand new, perhaps they will think its more expensive to leave than to take back. Otherwise co-operate with them and get them to pick up the stool at your convenience and send you new one at the same time
    Originally posted by 4743hudsonj
    I think this is really good advice, maybe they've not considered the 'second-hand' situation.

    Also, point out that they would have to collect the wrong item and re-deliver the right one - at their own cost.

    Can you find out how much the stool you actually received costs?

    At worst, maybe you could offer to pay part of the difference as you really like it.
    • Hintza
    • By Hintza 6th Feb 10, 10:36 AM
    • 19,013 Posts
    • 13,960 Thanks
    Hintza
    I just don't understand why the retailer has bothered here! I would be interested in knowing the price differential though.

    Regardless of cost differential if the OP has used itthen it is secondhand and probably worth less than the cheaper one already. Then the retailer has the hassle and cost of getting it back and sending out a replacement.

    My only caveat would be did the retailer contact the OP before it was delivered? That might impact on how it could pan out.
    • Pollycat
    • By Pollycat 6th Feb 10, 10:47 AM
    • 21,184 Posts
    • 57,173 Thanks
    Pollycat
    My only caveat would be did the retailer contact the OP before it was delivered? That might impact on how it could pan out.
    Originally posted by Hintza
    From what the OP says, they weren't contacted until after the stool had been delivered.
    The stool arrived around a week and a half ago and looked great. We un-boxed it and started using it. Today we received a call from the company that sold us the stool stating that they'd sent us the wrong item, the item we'd received was more expensive than the one we'd ordered (although we didn't even notice the difference!).
    Originally posted by grid212
    • Hintza
    • By Hintza 6th Feb 10, 12:41 PM
    • 19,013 Posts
    • 13,960 Thanks
    Hintza
    From what the OP says, they weren't contacted until after the stool had been delivered.
    Originally posted by Pollycat
    Was in speed reading mode this morning...........
    • Pollycat
    • By Pollycat 6th Feb 10, 12:55 PM
    • 21,184 Posts
    • 57,173 Thanks
    Pollycat
    Was in speed reading mode this morning...........
    Originally posted by Hintza
    And I was in 'being pedantic' mode this morning....

    Put it down to having a large pile of ironing that is calling to me from the spare bedroom that I'm trying desperately to ignore.....
  • grid212
    Thanks all for the feedback and help, there are some really good on balance comments.

    I try to be a reasonable guy and I don't want to cause problems but I guess the reason, as tomstickland above mentioned, I wanted to know about my rights is that I didn't want to end up in 'product exchange hell', and if I did what I should expect (i.e. repackaged/returned goods can't be sent to me as "new"). But also perhaps selfishly, I was quite happy with the product I'd received and didn't want the hassle of arranging any more time off work to receive a delivery or have a product collected.

    I had a missed call from the company on Friday (no message left) and since then I don't know what's happening. I would imagine the total cost of returning, re-shipping and associated overheads was probably worth less than keeping a satisfied customer who would shop with them again.

    I don't know what the price difference between the two products is because it's not listed on their website as the products are made to order. Even so I didn't even notice I had a different product to the one I'd ordered, althouh I was told the one I'd received was "substantially" more expensive(!?).

    If I hear anything else or the company are anything but reasonable and fair I'll post back. Thanks again all.

    [edit]
    Just saw soneone asked whether the retailer contacted me before the item was delivered? No they didn't, the first we knew about it was about a week and a half later when the company rang out of the blue to explain we had the wrong product. The stool was out of it's box, packaging recycled and had been used by that point.
    Last edited by grid212; 08-02-2010 at 6:07 PM. Reason: Wanted to respond to a question above.
    Charles J
    • bzd
    • By bzd 16th Feb 10, 10:01 AM
    • 113 Posts
    • 79 Thanks
    bzd
    This is probably a bit late for the OP, but really do make sure they collect at YOUR convenience. If you're only in in the evening and want to be sure they don't disrupt your tea then tell them they have to arrange collection after 8pm on a weekday, or if you're in and out at the weekend then discount Saturday and Sunday as viable collection times. At the very least a 1 hour collection time in the evening would in my opinion be generous (at least it would be in our family's life)!

    Also, be sure they bring the replacement (the item you ordered) before or at the same time as collection so you are not without the furniture for any time -- and be sure to inspect it before they take the other one away.

    I don't think you should keep the more expensive one if the retailer is willing to make sure you are genuinely not inconvenienced, but that effort might not be worth the hassle for them.

    Finally, why is the retailer so desperate to get it back? I'd be itching to open the seams and see what's stashed inside the cushion but then you probably would have to pay for it

    bzd
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