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False advertisement please help!

[Deleted User]

Hi there,

I was sold a phone with specs advertised incorrectly. I bought it from an online retail company in Dublin. I have been using the phone for two weeks now and I have found that the memory size is way smaller than what the specs said. I had screenshots of the ad before I purchased it in case something like this happened, I sent them onto the company and told them the story.

The company has apologized to me but has told me they can only offer a refund if I want to return it or free earphones as goodwill. They said if I want the phone with the memory size that I thought I had bought on the first instance, I would have to pay the difference between the two and return the one I bought.

Should the company be obliged to cover this difference or what can I do?

Cheers!!

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Comments

Xterminator

they have offered a full refund - or you can keep the phone and they will give you a pair of earphones. Seems very reasonable.
whats your pleasure? What are you looking for here?

i cannot fathom what further you you want them to do for you. they seem to have dealt with it in a fair fashion.

PS if you think it was a deliberate and misleading you can report this business to advertising standards people.

Advertising Standards Authority for Ireland
Ferry House
48 Lower Mount Street
Dublin 2
Ireland

Tel:+353 (0)1 613 7040
Fax:+353 (0)1 613 7043
Homepage: http://www.asai.ie
Email: standards@asai.ie

[Deleted User]

Cheers Xterminator,

It is a reasonable offer but what I really want is the laptop that was advertised at no extra cost.

The phone I got of them, I can see prices for it cheaper on other websites.

cml387

Phone? Laptop?

Anyway you can report them to the advertising standards authority and they'll get told off.

They've offered you a refund and that's as far as they have to go.

[Deleted User]

Sorry, meant to say phone there.

Ok, so a refund it will probably be then if they've no obligation to commit to the ad that they listed.

Cheers!

coylemj

If this was a contract to build an extension and they left you short on some aspects of the build, there are legal devices that can be used to force them to do what they said they would do, one is a writ for 'specific performance'. In the case of a retail sale, a full refund is the best you're going to get and I'd consider myself lucky that that's what's on the table. All the advertising standard people can do is issue a slap on the wrist so I wouldn't bother pursuing it with them.

ssmith6287

What specs were advertised and what did you get?

daheff

if they advertised phone A with memory of X at a price of XYZ, then thats what you should have gotten. If you didnt, then they should be refunding you for your phone (and you give it back & walk away) or providing you with what was contracted to buy.

As long as you are paying the advertised price, then you should have gotten what was advertised, not something lesser.

cml387

daheff wrote: »

if they advertised phone A with memory of X at a price of XYZ, then thats what you should have gotten. If you didnt, then they should be refunding you for your phone (and you give it back & walk away) or providing you with what was contracted to buy.

As long as you are paying the advertised price, then you should have gotten what was advertised, not something lesser.

Did you read the first post? He was offered a full refund.

daheff

cml387 wrote: »

Did you read the first post? He was offered a full refund.

I did, thank you.

My point was the shop should have refunded him or given him what was advertised. They gave him back his money.

OP is now not out of pocket. However the OP can (and should) report them for false/misleading advertising.