A question about : Complicated online consumer rights issue
Ok, so I have bought a few things from Joss and Main before and really liked what I got.
A few days ago I bought a mirror.
Today the box arrived but the mirror was a completely different style to the one I ordered, not the same shape or colour even. Plus, all the glass was smashed.
I called the company. The customer service rep spoke to the warehouse. Turns out the photo and dimensions on the website were completely wrong. This was mirror relating to the item code I had ordered. They don't even have the mirror which relates to the photo that I thought I was ordering.
The new mirror is quite nice and not much smaller.
I was offered either a refund or they would send out a replacement of the mirror. The replacement will be the different mirror. Not the one from the photo in my order.
Here's the thing; the mirror they sent me is actually over three times the price of the mirror I ordered, because not only were the photo and dimensions on the website incorrect, the price was as well.
The customer service rep asked 'did I want the refund or the new mirror'. So I asked if I would be expected to pay the difference in price, if I chose to get the new mirror. She didn't know. By this time I had been on the phone for a very long time, repeatedly being put on hold, and it had now passed 5pm. I was put on hold again so she could ask whether I would be expected to make up the difference. However the person she contacted was no longer available. So she is calling me back tomorrow morning.
So I placed this order in good faith. I was told I would get this mirror, item code TAY64, for a specific price. The mirror arrived and I discovered their error. They did not. Technically, they entered into a contract with me and we both fulfilled it, although the mirror has arrived broken. If it wasn't broken and I hadn't told them the mirror was incorrect, it's unlikely they ever would have realised the error. If I'd just called up and said it arrived broken, they'd just have replaced it with the same mirror, neither of us knowing I'd paid too little for it.
So what are my rights when she calls back?
Do they owe me a replacement of the mirror I ordered, paid for, and received, even though the photo was wrong on the website?
Best answers:
- Take the refund.
- Its not complicated at all imo.
The original contract was made under mistake. They gave description etc of mirror A but used mirror B's item code. Mirror A is not stocked by them/not stocked by them any more.
You can't force them to give you the new mirror at the same price.
Your options (legally anyway) are refund or create a new contract for mirror B. However wait and see what they say, stranger things have happened. - P.s. - 7 years bad luck for the smashed mirror
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