Company has sent the wrong, more expensive, product

grid212 · 5 February 2010 at 2:20PM

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?

4743hudsonj · 5 February 2010 at 2:51PM

grid212 wrote: »

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?

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 · 5 February 2010 at 5:29PM

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 · 5 February 2010 at 5:37PM

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 · 5 February 2010 at 7:06PM

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.

pmduk · 5 February 2010 at 8:04PM

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.

Esqui · 5 February 2010 at 8:39PM

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

pmduk · 5 February 2010 at 9:17PM

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 · 5 February 2010 at 9:51PM

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 · 5 February 2010 at 9:54PM

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."

Pollycat · 6 February 2010 at 11:19AM

4743hudsonj wrote: »

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

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.

Company has sent the wrong, more expensive, product

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