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item sold not as described

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  • 24-09-2014 2:17pm
    #1
    bungaro79
    Registered Users Posts: 1,207 ✭✭✭


    hi,
    i bought something online (a brabantia bin) which was advertised at a really good price. it was paid for and delivered yesterday and when i opened the package i saw it was not what i had ordered. i contacted the company and sent them on a photo of the items.
    so they have come back to me saying it was an error on their part and that i can send back the bins or just keep them having paid for them. am i entitled to get the correct items sent instead as these ones they sent out are a lot inferior and i don't want them? it was advertised, paid for and sent out as brabantia so if the error was on their part should they have to honour the contract??
    thanks


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    #2
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,449 Mod ✭✭✭✭Kimbot


    If you paid for a Brabantia and didnt get it then return and ask them to send you your correct order.


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    #3
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    If you did not get the goods you ordered, then you are entitled to a refund or replacement with the goods you did order. In addition, they should cover the cost of return.

    You can accept the inferior goods, but only if they refund you the difference.

    Was the bin clearly advertised as a Brabantia?


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    #4
    bungaro79
    Registered Users Posts: 1,207 ✭✭✭bungaro79


    yeah they were advertised as brabantia (i've a photo of the website with the offer) but the ones sent out are a cheap model. i want the brabantia if i'm entitled to them (the name was on the website and its on the order and confirmation) but if they are trying to cop out by getting me to send them back then i would like to know my rights!


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    #5
    delahuntv
    Closed Accounts Posts: 1,532 ✭✭✭delahuntv


    You are not entitled to the brabantia bins as they can simply say they are out of stock and refund you. You are entitled to FULL refund including any delivery fees and they must collect at their onw expense.

    You can then send a complaint to ASA (advertising standards) or consumerhelp.ie http://www.consumerhelp.ie/contact-us who will follow up. Companies are fined quite heavily for repeated breaches of description / passing off.

    You could also contact Brabantia themselves to alert them that someone is passing off their trademark with inferior product.


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    #6
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    delahuntv wrote: »
    You are not entitled to the brabantia bins as they can simply say they are out of stock and refund you. You are entitled to FULL refund including any delivery fees and they must collect at their onw expense.

    You can then send a complaint to ASA (advertising standards) or consumerhelp.ie http://www.consumerhelp.ie/contact-us who will follow up. Companies are fined quite heavily for repeated breaches of description / passing off.

    You could also contact Brabantia themselves to alert them that someone is passing off their trademark with inferior product.

    Just to be clear, there is no suggestion in the OP that the seller is intentionally passing off an inferior product, it is possible that the seller could retail multiple brands. The seller has acknowledged an error and has offered to rectify the situation.


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    #7
    delahuntv
    Closed Accounts Posts: 1,532 ✭✭✭delahuntv


    slimjimmc wrote: »
    Just to be clear, there is no suggestion in the OP that the seller is intentionally passing off an inferior product, it is possible that the seller could retail multiple brands. The seller has acknowledged an error and has offered to rectify the situation.

    That'snot what i read. Seller said buyer can return or seeing as they already have the item "keep it". Not keep it and we'll give you discount.

    Suggests the seller is passing off.

    Possibly it is an error - but an honest seller would immediately correct the issue and not try and get you to keep the inferior item.


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    #8
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    delahuntv wrote: »
    That'snot what i read. Seller said buyer can return or seeing as they already have the item "keep it". Not keep it and we'll give you discount.

    Suggests the seller is passing off.

    Possibly it is an error - but an honest seller would immediately correct the issue and not try and get you to keep the inferior item.
    You're reading too much into it imo. We don't know any more than they admitted to an error and gave him/her an option, return or keep. They gave the OP a choice, imo that's not trying to pass off an inferior item. If anything if they wanted to persuade him/her to keep the inferior item then offering a discount is the way to go about it. Let's wait until we get further information before casting aspertions.


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    #9
    bungaro79
    Registered Users Posts: 1,207 ✭✭✭bungaro79


    i am returning the items as they are not what i ordered.

    must say that i found heatons customer service to be non existent. i emailed them to ask them something on the matter and they never replied but the next day i got a generic email off them. i emailed again but heard nothing. fair enough it was an error but how about actually responding to emails?!


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    #10
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Go to their website home page and scroll down and click on the link for facebook or twitter. Complain on there and I'll bet dollars to donuts you'll be dealt with properly. Maybe even hash tag in Brabantia on twitter. Crowds like Heatons hate bad publicity.


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    #11
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Same happened to me with a 32gb sd card, it was clearly a fake, i contacted the seller and they sent a "real" card, i think some sellers are trying it on with fakes hoping consumers are none the wiser.


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    #12
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    Doom wrote: »
    Same happened to me with a 32gb sd card, it was clearly a fake, i contacted the seller and they sent a "real" card, i think some sellers are trying it on with fakes hoping consumers are none the wiser.
    My bolding.

    There is no intimation here that this is anything other than the wrong item was delivered. There is no suggestion of fraudulent activity by the seller.


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    #13
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Estella Embarrassed Hairstylist wrote: »
    There is no intimation here that this is anything other than the wrong item was delivered. There is no suggestion of fraudulent activity by the seller.

    Just telling my story...may help someone sometime


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