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  1. #1
    Established TDF Member Decosnapper's Avatar
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    Sanity Check - Right? Or Wrong?

    Righty ho...sanity check needed. Here goes:

    I order a part from an online shop - non-diving - and having looked at the photo of said product it was spot-on.

    Part turns up and is missing a bracket. A bracket that is needed to make it fit where needed.

    Complain and say 'Where's the bracket?"

    Reply:

    Bracket not included. You need to order an ABC not the XYZ you ordered and it says its a 'direct mount' in the description.

    I press the point and ask how that helps dyslexics? Or folks like me that check images to see what is being sold? Their reply is and I quote:

    "web team come back and say 'picture is for illustration purposes'"

    Which to me is utter bollox. It seems reasonable to expect a part to turn up matching the photo...as that is illustrating what I am actually buying?

    Their resolutions have involved me spending more money. I am currently at a loss to understand why their error or omission - using the wrong photo - should really result in me spending more cash to put right?

    BTW - this post is as much therapy and letting off a little steam as it is seeking rebuttal or validation. I mean, who would come here for actual advice? But either way, thanks for being there for me at this difficult time.

  2. #2
    Not short, just concentrated awesome ;) smileydiver's Avatar
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    This is something that really annoys me. Often there is some small print somewhere that the thing in the photo is just an idea of what you might get or excludes a thing in the photo. I think it should be made clearer or just take a picture of what exactly is included!
    The sea, once it casts its spell, holds one in its net of wonder forever - Jacques Cousteau

  3. #3
    #keepittea ebt's Avatar
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    UK shop? consumer rights blah blah. reject at their cost "its available for you to collect, or send me a pre-paid return"

    That usually gets the reasonable response of "on this one special never to be repeated ocassion, we'll send you the widget"

  4. #4
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    "Serving suggestion"

  5. #5
    Established TDF Member Chrisch's Avatar
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    The UK consumer rights are clear for goods purchased "unseen" - you can send back something that does not meet your needs. Irrespective of anything else you can send the stuff back for a refund. The problem with Internet shopping is that a lot of idiots have set up a web shop and think they actually know anything at all about being in business or selling stuff. The whole Internet model pretends that anyone can set up a shop and be the next Jeff Bezos.

    The image should show the goods that are being sold. It is for illustration - it illustrates the object you are going to buy. The problem is that images are not easy to come by and a lot of people just find one someone else has done and use it. Ergo it might not be totally representative of what they intend to ship. We back office and drop ship for three customers and manage the web stores. I have the problem of inaccurate images when the manufacturers change the spec and the old photo is "wrong". Honestly - it is a PITA and I am sure there are things on the site that are the old version (this has reminded me and I can think of something I need to do right now...)

    Your goods were incomplete. They were not as described - described by the image. You can/should get your purchase refunded or the missing component sent to you.

    There are so many part time cowboy tax dodger wanabee types on the Internet that I tend not to buy from websites unless they are well known and reviewed. Can you review the site? Does it have Trustpilot? Is there a Google review of it anywhere?

    If it were me I would be going down the refund route - just out of principal send it back get you money back and piss them off as much as you can along the way. They buy it somewhere else.

  6. #6
    Established TDF Member Finless's Avatar
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    It is perfectly acceptable, IMO, to show images of the item being sold with other things that are not included unless the intention is to trick the buyer into believing something is included that isn't (if you see what I mean). It is usual (in my experience and in my business) to clearly say WIDGET SOLD SEPERATELY and to show a picture of the item for sale and then another picture with it in use with the widget that isn't included.

    It is difficult to say without seeing the original advert that you saw. Are you able to share a link?

    The 'proof of the pudding' will be whether the vendor amends his website in order to prevent the same mistake happening again? It may have been perfectly clear to them what was meant by the advert but easily misinterpreted by someone else? It may be that they have sold loads and never had this problem before? Do you think that they were trying to con buyers? Is it a part that you might buy as a replacement or an upgrade and already own a suitable bracket and so wouldn't necessarily expect the part to be included?

    You have very good consumer protection in the UK (esp if you paid by credit card).

    I hope you get it sorted to your satisfaction.

    Don't keep us in suspenders ..... have you got it sorted?
    Last edited by Finless; 21-05-2019 at 09:32 AM.

  7. #7
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    Quote Originally Posted by Decosnapper View Post
    Their resolutions have involved me spending more money. I am currently at a loss to understand why their error or omission - using the wrong photo - should really result in me spending more cash to put right?
    First it should go as a given that if a bracket in the picture is not included it should very clearly state "bracket not included" in the description, "direct mount" is not clear.

    As others have mentioned consumer rights in the UK are very good and you will be perfectly within your rights to send it back for a refund within 14 days, however... There must be a reason you bought this item from the site you did, maybe convenience, price or availability?

    If the reason was price does the cost of item+bracket compare well to other sellers? If it's more send it back and buy elsewhere.
    If it was convenience could you get it elsewhere faster with the bracket?
    If it was availability and you can't get it anywhere else you might have to suck it up on this occasion.

    A compromise in this case I would suggest would be free shipping of the bracket, and if you can get it cheaper elsewhere point this out to them and say you would like it at a comparative price for the overall kit or you'll be sending it back for a refund. I would say the goods are "not as described" which means return postage should be paid by the retailer, but this may be more of a fight than it's worth depending on postage cost.

    The problem is not you spending more money due to their error or omission, it's if you are spending more than you would have if the advert was clear.

  8. #8
    I used to be Cheeky UnCheeky Monkey's Avatar
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    need to see the whole web page to know if you were mis-sold or not - can't go on photo alone

    question - if it had said 'bracket is extra £xxx' would you have still bought it, and the bracket too ?

    Quote Originally Posted by ManualOverride View Post
    As others have mentioned consumer rights in the UK are very good and you will be perfectly within your rights to send it back for a refund within 14 days, .
    only have to tell them within 14, still have another 14 after that to send it back

    so you can always reject it on day 14, negotiate for a week, and then still send it back if no joy

  9. #9
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    does it matter if you were missed or not - I thought under distance selling regulations that you had the right to return ... certainly worth some googling

  10. #10
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    Here: https://www.which.co.uk/consumer-rig...ts-regulations

    "What are my rights under the Consumer Contracts Regulations?

    - Your right to cancel an order for goods made at a distance starts from the moment you place your order and ends 14 days from the day you receive your goods
    - Your right to cancel a service made at a distance starts the moment you enter into the contract and lasts 14 days
    - If you want to download digital content within the 14 day cancellation period you must agree to waive your cancellation rights
    - Companies are not allowed to charge you for items they put in your online shopping basket or that you have bought as a result of a pre-ticked box"

    You can cancel the order in 14 days and they have to refund you for the item, for basic postage to you (if you have chosen faster or more expensive shipping option they just refund the basic cost) and you provide certificate of posting and they return your money in 14 days. Simples.


 
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