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View Full Version : Item received that doesn't match image - what are my rights?



waitingformagic
11-05-2009, 10:24 AM
[content removed]

Seahorse
11-05-2009, 10:35 AM
Goods have to be 1 fit for purpose,2 as described, 3 of acceptable quality.
I reckon if they didnt state that you wouldnt be receiving the exact item in the picture then you have a good case against them.

nattynetty
11-05-2009, 10:48 AM
Was there anything in the description that stated where the handle actually was? Is there anything on their website that states pictures are for illustration purposes only? Do they state anywhere that products may differ slightly from images?

If no to all of the above then I think (but don't quote me) that it is false advertising, after all when you're buying online you can't actually pick up the product and see it for yourself so it's important to know if the picture isn't accurate. You could get onto trading standards but tbh for a fiver it's probably not worth the hassle to yourself unfortunately.

As for refunding the postage for returns, that's a bit of a grey area. Usually they must refund if the product is faulty or they sent it in error, however if you've changed your mind or it wasn't exactly what you wanted (they're obviously claiming it's this rather than an error on their side) then they are in their rights not to refund the returns cost as long as it states that in their terms and cons.




They really didn't help matters when I VERY politely recommended that they actually state it will differ "because our other customers use it for it's actual purpose! hahahahahahahaha - you're the only one who's complained, hahahahaha!".

Customer service at it's best.

That's just awful, almost enough to tempt me to contact trading services regardless of the money involved just to give them a rocket up their proverbial. It would also have me searching the web for any review websites where they are listed so I could pos an honest review of their services.

Millsy83
11-05-2009, 10:49 AM
On my website, MISI page, facebook group page..... near enough every damn page that I've published, I put on about the goods being handmade and differing slightly from the image provided. I would hate to think that someone had ordered a card especially for someone, and it not be exactly what they wanted, so you have to warn them.

I would think you would have a case against them. Have you looked at trading standards website or anything??? I suppose you need to get the pic of what you ordered and then take pictures of what you received - and go through the website to make sure they didn't have anything on there about differences. I would also check about the return postage etc too.

It really gets on my nerves when businesses don't have good customer service - fair enough, you might be only one person who might not have spent too much, but you have a mouth!

Sally x

Millsy83
11-05-2009, 10:56 AM
Maybe........ I'm not hot on business to be honest - but even I know this is bad customer practise!!!

Millsy83
11-05-2009, 11:00 AM
Yep. But even if they didn't think they were wrong, they should try and help you out with regards to finding an alternative item. If that was me, I would probably point out where I'd put the info on the website, to prove that it was there.

dichrofindings
11-05-2009, 11:00 AM
Well it fits 1 and 3. It only fits 1 as it is useful for the purpose they advertise it for, but just not the purpose I want it for!

Mmmmmm . . if you are going to use the item for something that it is not advertised as being fit for purpose for then I wouldn't mention this to them . . your rights are diminished if you are going to use the item for some other purpose.

You might want to check out your rights as an an line buyer . . http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38102.html . . I think you may very well be within your rights to cancel the order and expect a full refund . . but read the fact sheet first.

0103media
11-05-2009, 11:21 AM
Thanks to Nattynetty, I just spoke with Trading Standards. They said that I do have a case, and that I am within my rights to a FULL refund, including postage costs, seeing as the item is different to as advertised and does not state it will be different...


Please note Trading standards only build cases against companies and have no rights to make a company do anything.. Trading standards build a case large enough to take a company to court if and when it has enough info to pass on to the police or alike..

Use them for advice but its very likely the only way your get a refund is from the company OR by making a very good case to the credit card company/paypal..

jencel
11-05-2009, 11:33 AM
Under the Distance Selling Regulations, you have the right to change your mind within 7 days, even if the item you bought is exactly as described and conforms to all the relevant legislation. Under this law, you don't have the right to postage refund. I'm just mentioning this as it would override the companies "disclaimer".

It seems to me though, that they have been misleading in what they are selling, and you should pursue a refund of postage. Telling them the response you got from Trading Standards might do the trick.

Good luck, Celia

0103media
11-05-2009, 12:08 PM
Under the Distance Selling Regulations, you have the right to change your mind within 7 days,

DSR only applies to off the shelf non custom made. (just a reminder) :D

jencel
11-05-2009, 02:29 PM
DSR only applies to off the shelf non custom made. (just a reminder) :D

Now, that I didn't know, but it makes sense, if you're creating something at someone's request and to their specifications.

Celia

sparkysdad
11-05-2009, 02:37 PM
Mmmmmm . . if you are going to use the item for something that it is not advertised as being fit for purpose for then I wouldn't mention this to them . . your rights are diminished if you are going to use the item for some other purpose.


Only in the sense of a claim under "fit for purpose"! If you ordered a blue kiln with the intention to cook eggs in it, you should be able to get a full refund if they send you a purple one, if the fact that it was blue was an intrinsic part of your buying decision..:D:D regardless of your intended use.. anything else is a substitution of the original goods.

beckyboo
11-05-2009, 05:46 PM
for those not familiar with DSR's ( distance selling regulations )

you can find them here, long read but worth it.
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/