More Expensive Items Delivered - What's the law?

[peterb]

My point was to NOT return the goods under the standard use of the DSR as the wrong item was delivered

I think Saracens point was quite clear, the DSR are appropriate as the wrong goods were supplied, and even if the DSR didn't apply (my words, for example, if they had been supplied to a business user) then the goods could still be returned as thye supplier wasa in breach of contract.

However, the OP's query has been answered some time ago, and the thread has gone off the original topic anyway - so it is being closed.

[Saracen]

My point was to NOT return the goods under the standard use of the DSR as the wrong item was delivered

It's not a standard or non-standard use of the DSR, it's simply using the DSR. And if you do, the seller's obligations are very clear-cut.

Uni said

if you ordered by credit card and you have sufficient credit limit, i'd reorder from another supplier and return the delivered item back under the DSR for a full credit, so you get what you want as quickly as possible, and the initial supplier loses out on a sale and incurs the additional costs of deliver and return shipping charges

You quoted that and said

Except you would be down cost of postage returning under the DSR if their T+C say you are responsible for postage back, and I wouldn't sent a product of that value by anything less than special delivery because of the insurance

And, as I pointed out, that is not the case. The supplier cannot exclude responsibility for postage goods because substitute goods were sent. As for sending it back special delivery, I'd either ask the sender how he wants his goods sent back or, better yet, just get him to send a courier to collect. If he wants them sent back SD, then he pays for it. If he doesn't, it's his risk. Either way, the buyer is not out by the cost of return postage. The buyer isn't out of pocket in any way.

In my opinion, the easiest way of dealing with this, provided you're acting as a consumer and it's not an excepted contract (which this isn't), and that it's done quickly enough to be a valid DSR cancellation, is exactly to use the DSR. Just cancel the contract, get your money including outbound shipping back, and tell the supplier to come get the goods that aren't what was ordered. Simples.