Wrong Battery delivered, Replacement at Higher Price
Discussion
Good Morning All.
I bought a new laptop battery a week or so ago, with a 'Black Friday' discount. They sent the wrong battery, it was even the wrong shape, idiots!
Battery returned at a UPS depot 5 miles away. I had to chase them for the correct UPS label or I would have had to pay carriage. (You can't send batteries by post which idiot chops here didn't think about when he took it to the post office in the local Asda the morning I received it) Anyway, battery returned, simple replacement for the correct one?
"Oh No, we have to cancel the order, refund the money, process a new order from you, with a new payment from you but WITHOUT the discount and send that out!!"
I supplied BTB for 30 odd years and, if we made a mistake, we would always supply at the original price to ensure the customer wasn't out of pocket. Plus I still haven't had the refund as yet!
In consumer law, am I entitled to the correct battery at the original, discounted price? It's only £7 but it's the principle as well! (plus I'm a tight Yorkshireman!)
Yes I know I could probably Google it but I needed to vent!
I bought a new laptop battery a week or so ago, with a 'Black Friday' discount. They sent the wrong battery, it was even the wrong shape, idiots!
Battery returned at a UPS depot 5 miles away. I had to chase them for the correct UPS label or I would have had to pay carriage. (You can't send batteries by post which idiot chops here didn't think about when he took it to the post office in the local Asda the morning I received it) Anyway, battery returned, simple replacement for the correct one?
"Oh No, we have to cancel the order, refund the money, process a new order from you, with a new payment from you but WITHOUT the discount and send that out!!"
I supplied BTB for 30 odd years and, if we made a mistake, we would always supply at the original price to ensure the customer wasn't out of pocket. Plus I still haven't had the refund as yet!
In consumer law, am I entitled to the correct battery at the original, discounted price? It's only £7 but it's the principle as well! (plus I'm a tight Yorkshireman!)
Yes I know I could probably Google it but I needed to vent!
I would say no, you're not 'entitled' to anything. Mistakes happen, it's unfortunate - however it sounds like the company have put you back in the position you were in before you received the incorrect battery and it would be wholly at their discretion to provide the correct one at the discounted price. Would I do it if I were the company? Probably. Do they have to do it? No.
It's £7 - just get it paid and move on with your life.
It's £7 - just get it paid and move on with your life.
Funk said:
I would say no, you're not 'entitled' to anything. Mistakes happen, it's unfortunate - however it sounds like the company have put you back in the position you were in before you received the incorrect battery and it would be wholly at their discretion to provide the correct one at the discounted price. Would I do it if I were the company? Probably. Do they have to do it? No.
It's £7 - just get it paid and move on with your life.
Why would you say this? There is a contract in place, the supplier has failed to fulfil their side of the contract so far.It's £7 - just get it paid and move on with your life.
MustangGT said:
Why would you say this? There is a contract in place, the supplier has failed to fulfil their side of the contract so far.
True, but if the company refund the paid amount, the OP has not suffered a loss. In that situation, the company would still potentially be guilty of breach of contract, but the OP would need to enforce this by suing the company, perhaps for specific performance or for loss of bargain.
(IANAL and it's been a while since I did contract law).
Mandat said:
MustangGT said:
Why would you say this? There is a contract in place, the supplier has failed to fulfil their side of the contract so far.
True, but if the company refund the paid amount, the OP has not suffered a loss. In that situation, the company would still potentially be guilty of breach of contract, but the OP would need to enforce this by suing the company, perhaps for specific performance or for loss of bargain.
(IANAL and it's been a while since I did contract law).
I think it comes under "right to repair or replacement" because of a breach of section 11 (goods not as described):
https://www.legislation.gov.uk/ukpga/2015/15/secti...
Gareth79 said:
It breaches the Consumer Rights Act - they have not supplied the item as ordered and if they are able to supply the correct one then they must do so, simply refunding is not an option. It's one of the many situations why the CRA was introduced.
I think it comes under "right to repair or replacement" because of a breach of section 11 (goods not as described):
https://www.legislation.gov.uk/ukpga/2015/15/secti...
But if they're offering a full refund, do they need to replace...unless it could be construed as 'loss of bargain'?I think it comes under "right to repair or replacement" because of a breach of section 11 (goods not as described):
https://www.legislation.gov.uk/ukpga/2015/15/secti...
mmm-five said:
Gareth79 said:
It breaches the Consumer Rights Act - they have not supplied the item as ordered and if they are able to supply the correct one then they must do so, simply refunding is not an option. It's one of the many situations why the CRA was introduced.
I think it comes under "right to repair or replacement" because of a breach of section 11 (goods not as described):
https://www.legislation.gov.uk/ukpga/2015/15/secti...
But if they're offering a full refund, do they need to replace...unless it could be construed as 'loss of bargain'?I think it comes under "right to repair or replacement" because of a breach of section 11 (goods not as described):
https://www.legislation.gov.uk/ukpga/2015/15/secti...
The trouble, of course, is that we're only talking about £7. The OP may be right in principle, but it's really not worth the bother in practice.
Short Grain said:
Good Morning All.
I bought a new laptop battery a week or so ago, with a 'Black Friday' discount. They sent the wrong battery, it was even the wrong shape, idiots!
Battery returned at a UPS depot 5 miles away. I had to chase them for the correct UPS label or I would have had to pay carriage. (You can't send batteries by post which idiot chops here didn't think about when he took it to the post office in the local Asda the morning I received it) Anyway, battery returned, simple replacement for the correct one?
"Oh No, we have to cancel the order, refund the money, process a new order from you, with a new payment from you but WITHOUT the discount and send that out!!"
I supplied BTB for 30 odd years and, if we made a mistake, we would always supply at the original price to ensure the customer wasn't out of pocket. Plus I still haven't had the refund as yet!
In consumer law, am I entitled to the correct battery at the original, discounted price? It's only £7 but it's the principle as well! (plus I'm a tight Yorkshireman!)
Yes I know I could probably Google it but I needed to vent!
Did they send the wrong one, or did you order the wrong one? Because their response sounds like it's the latter.I bought a new laptop battery a week or so ago, with a 'Black Friday' discount. They sent the wrong battery, it was even the wrong shape, idiots!
Battery returned at a UPS depot 5 miles away. I had to chase them for the correct UPS label or I would have had to pay carriage. (You can't send batteries by post which idiot chops here didn't think about when he took it to the post office in the local Asda the morning I received it) Anyway, battery returned, simple replacement for the correct one?
"Oh No, we have to cancel the order, refund the money, process a new order from you, with a new payment from you but WITHOUT the discount and send that out!!"
I supplied BTB for 30 odd years and, if we made a mistake, we would always supply at the original price to ensure the customer wasn't out of pocket. Plus I still haven't had the refund as yet!
In consumer law, am I entitled to the correct battery at the original, discounted price? It's only £7 but it's the principle as well! (plus I'm a tight Yorkshireman!)
Yes I know I could probably Google it but I needed to vent!
If it is their error then they're completely out of order.
Missy Charm said:
There is also a Consumer Rights Act issue, but towards the 'goods not as described' end of things rather than repair and replacement.
The right to repair/replacement under the CRA is one of the rights for "goods not as described", which covers both faulty goods, incorrectly supplied goods, and those which simply don't do what they claim.I get frustrated with this with eBay.
If the wrong or a damaged/defective item is received, there is no "I want a replacement" option in their returns process - only "return for a refund" and you often lose out on a good deal or one of eBay's 15/20% off offers.
Lost out on a phone recently when I received a faulty one.
If the wrong or a damaged/defective item is received, there is no "I want a replacement" option in their returns process - only "return for a refund" and you often lose out on a good deal or one of eBay's 15/20% off offers.
Lost out on a phone recently when I received a faulty one.
Draxindustries1 said:
Fight it all the way,quote that magic wand the CRA as BertBert always does, enjoy the stress, raised blood pressure and headache
Or..just accept the refund and buy locally so you can compare the battery in the flesh so to speak..;)
Glad I've got a fan Or..just accept the refund and buy locally so you can compare the battery in the flesh so to speak..;)
I simply quoted the CRA to correct the poster who was incorrectly stating that the CRA didn't require a replacement if the consumer chose that option.I made no comment at all as to whether the OP should bother to get angsty about his £7, that's up to him.
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