Incorrect items delivered, opened to check...rights?
Discussion
A few random thoughts which may or may not be right!
You don't say what the items were.
http://www.resolver.co.uk/consumer-rights/online-m...
"What you can't return
Items you cannot return include anything bespoke or personalised, goods likely to deteriorate rapidly, CDs, DVDs and computer software on which the seal is broken, or goods that have a seal for health protection and hygiene reasons."
and:
http://www.which.co.uk/consumer-rights/problem/i-w...
"Check returns policy before you buy
You can only return non-faulty goods for an exchange or refund if the retailer has a returns policy."
"Many of us are surprised to find out that high street shops don't have to accept returns unless an item is faulty, not as described or is unfit for purpose."
Your items were ordered in shop - not online - & delivered but differed from actual item ordered & you say that was apparent without opening the packaging. Which I suspect depending what the items are could make it a bit more difficult.
You don't say what the items were.
http://www.resolver.co.uk/consumer-rights/online-m...
"What you can't return
Items you cannot return include anything bespoke or personalised, goods likely to deteriorate rapidly, CDs, DVDs and computer software on which the seal is broken, or goods that have a seal for health protection and hygiene reasons."
and:
http://www.which.co.uk/consumer-rights/problem/i-w...
"Check returns policy before you buy
You can only return non-faulty goods for an exchange or refund if the retailer has a returns policy."
"Many of us are surprised to find out that high street shops don't have to accept returns unless an item is faulty, not as described or is unfit for purpose."
Your items were ordered in shop - not online - & delivered but differed from actual item ordered & you say that was apparent without opening the packaging. Which I suspect depending what the items are could make it a bit more difficult.
Edited by paintman on Friday 11th December 11:36
paintman said:
A few random thoughts which may or may not be right!
You don't say what the items were.
http://www.resolver.co.uk/consumer-rights/online-m...
"What you can't return
Items you cannot return include anything bespoke or personalised, goods likely to deteriorate rapidly, CDs, DVDs and computer software on which the seal is broken, or goods that have a seal for health protection and hygiene reasons."
and:
http://www.which.co.uk/consumer-rights/problem/i-w...
"Check returns policy before you buy
You can only return non-faulty goods for an exchange or refund if the retailer has a returns policy."
Your items were ordered in shop - not online - & delivered but differed from actual item ordered & you say that was apparent without opening the packaging. Which I suspect could make it a bit more difficult.
He didn't order the items delivered, so none of that applies.You don't say what the items were.
http://www.resolver.co.uk/consumer-rights/online-m...
"What you can't return
Items you cannot return include anything bespoke or personalised, goods likely to deteriorate rapidly, CDs, DVDs and computer software on which the seal is broken, or goods that have a seal for health protection and hygiene reasons."
and:
http://www.which.co.uk/consumer-rights/problem/i-w...
"Check returns policy before you buy
You can only return non-faulty goods for an exchange or refund if the retailer has a returns policy."
Your items were ordered in shop - not online - & delivered but differed from actual item ordered & you say that was apparent without opening the packaging. Which I suspect could make it a bit more difficult.
Zod said:
paintman said:
Zod said:
e didn't order the items delivered, so none of that applies.
I did say it was a few random thoughts!Out of curiosity is consumer law your professional area of expertise - I note from your profile that you are a solicitor.
http://www.legislation.gov.uk/ukpga/2015/15/sectio...
CRA 2015 said:
11Goods to be as described
(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.
(2)If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.
(3)A supply of goods is not prevented from being a supply by description just because—
(a)the goods are exposed for supply, and
(b)they are selected by the consumer.
(4)Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.
(5)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
(6)See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.
(7)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.
(2)If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.
(3)A supply of goods is not prevented from being a supply by description just because—
(a)the goods are exposed for supply, and
(b)they are selected by the consumer.
(4)Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.
(5)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
(6)See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.
(7)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
Ianal but when you buy something you have a "reasonable" time to inspect and ensure that they are;
- as described
- fit for purpose
- of merchantable quality.
From what i interpret you ordered 2x shower curtains made by abc and called xyz.
What has been delivered are 2x shower curtains made by 123 that look like shower curtains called xyz made by abc.
By the sounds of it the items that you have been delivered aren't as described.
- as described
- fit for purpose
- of merchantable quality.
From what i interpret you ordered 2x shower curtains made by abc and called xyz.
What has been delivered are 2x shower curtains made by 123 that look like shower curtains called xyz made by abc.
By the sounds of it the items that you have been delivered aren't as described.
anonymous said:
[redacted]
The nine most dangerous words in litigation 
Was delivery part of the price? Sounds to me like there was offer and acceptance, consideration and intention to create legal relations for a particular product to be delivered. Ie a contract was formed for them to deliver the doors that you picked out.
Unless he can show that you expressly or impliedly agreed that he should be allowed to substitute the goods for similar ones then I would be surprised if a judge made you keep the "wrong" doors.
Assuming that the goods are not damaged I see no reason why opening the package would prevent their return. How else would you realise/confirm that they were the wrong thing?
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