More Expensive Items Delivered - What's the law?

[gmarno]

Hi All,

Just got a question for anyone who knows their consumer law. I'll outline the situation first.

I ordered some software from a very reputable company that I've used in the past. They sent me a multi-user educational package by mistake (so I can't re-sell it in the future, or use it for commercial purposes). That's fine, I realise that mistakes happen. The thing is, the package they've sent is worth £650, and the one I ordered was meant to be worth £400.

So, I called them up this morning after I received the package assuming they would bend over backwards to help me, because I'd actually been honest. However they said they could only do the following for me:

1) Collect the package on Monday, and they would only ship another out once they'd received it back. This means I wouldn't receive my new software until at least Thursday. It doesn't really help that I'm going to be away from home for the next 3 weeks, so it'll be at least a month before I get a chance to use what I paid for.

2) I can pay for another packge and they'd refund the returned one once they receive it leaving me £400 out of pocket for X amount of days. Erm, excuse me but I'm doing them a favour by trying to be honest. I told them this and they just said that's tough.

Now, I'm try to do the right thing, but this has left me with a very bitter taste in my mouth. I would have been very happy to do a swap on the door step with the courier on Monday fixing the problem entirely.

So, what's the law (rather than opinion) on me receiving the wrong goods? Do I have to send them back? I could sell this package on eBay for £500, but I've tried to do the right thing and had it thrown back in my face.

[finlay666]

They are acting within their means, you dont actually think they would just let you keep it or trust you to send it back and send you out the other item in the mean time do you?

You haven't had it thrown back in your face, thrown back in your face would be paying £650, getting the £400 version and the company refusing to replace it.

[gmarno]

They are acting within their means, you dont actually think they would just let you keep it or trust you to send it back and send you out the other item in the mean time do you?

Of course I didn't expect them to let me keep it, but I did expect them to attempt to fix the problem without treating me like it was my mistake. All I wanted was for them to treat me as a customer who's trying to do the right thing.

THEY made the mistake. They had no idea they'd sent out the wrong version, in fact it took me a few minutes to convince them they had sent out the more expensive version. They're coming to collect the package, so I don't see why they can't do a swap at the door. If I'm honest enough to tell them, you would think they might think I'm honest enough to give it back to the courier.

Instead they're saying that I should be out of pocket or wait for their bureaucracy to sort it out. I even offered to drop it back at one of their stores today, but they said they couldn't do a refund until it arrived back at their warehouse.

Sorry, but this seems like lousy customer service to me.

[finlay666]

Sounds like a customer who needs a slap in the face to me.

They have offered to collect it then on receipt of the item they will exchange it for the correct item. Option 1 IS treating you as a customer trying to do the right thing.

They can't do a swap at the door because the courier will not be authorised to approve an RMA for a different company, how are they supposed to confirm the product is correct? You very well may be honest, but the courier will not know the condition the item is in, if it has been used or if it is the correct item. The courier company are responsible while it is in transit, not to issue a replacement.

Warehouse/store stock are different so I understand why they said that.

If you have such an issue only ever buy items in store from small companies next time. You don't seem to understand the different companies/departments involved in online shopping

[Sumanji]

Name and shame the retailer plox, kthxbai.

P.S. You should have smacked it on the bay

[Rave]

Sounds like a customer who needs a slap in the face to me.

They have offered to collect it then on receipt of the item they will exchange it for the correct item. Option 1 IS treating you as a customer trying to do the right thing.

No it isn't. He ordered a piece of software; presumably the delivery time was quoted when he ordered (it tends to be). He assumed that he'd receive his £400 worth of software and be able to use it immediately- this is not an unreasonable assumption.

They can't do a swap at the door because the courier will not be authorised to approve an RMA for a different company, how are they supposed to confirm the product is correct?

They didn't know the product was incorrect until gmarno got in touch to say that they'd sent him a product that was more valuable than the one he was paying for.

A quick stockcheck should prove they're up one and down the other.

Anyway, couriers deal in sealed bags, and if gmarno was running some kind of elaborate scam to try and get his software twice, a simple video of them opening the return package at their end would probably cover it.

Edit: and....wut? If you're going to steal software, even profit by it, I can think of easier ways than quibbling with retailers over what they've delivered. If I were to suggest an easier business plan: bittorrent--->DVD--->bootsale TBH.

You very well may be honest, but the courier will not know the condition the item is in, if it has been used or if it is the correct item. The courier company are responsible while it is in transit, not to issue a replacement.

Like I say, sealed bags.

TBH gmarno, flog what you have on ebay, and buy the software you need from someone else. If that's the way they treat their customers, they don't deserve your effort.

Years ago I was a Dreamcast obsessive- 2000 this would be I guess, the year after it came out. I was in the habit of buying rare/non-uk games from CEX. One time I received my package, and it contained the game I'd actually bought, plus some sort of Japanese horse racing simulator. I never bothered to check if it was valuable on ebay, I just called CEX and told them they'd sent me a game I hadn't ordered, they then sent round a courier at my convenience to pick it up. Cost to them- a fiver I guess? To get back a game worth probably £40. I very rarely buy from CEX any more, but that's not because I dislike their attitude to the customer.

[SiM]

I'm with finlay666 on this. If you want to do the honest thing then it is going to delay you for a couple of days. If you are happy being dishonest, then sell or use the software. But from a legal standpoint I'm not sure if they can charge you the extra money or not...

[gmarno]

Sounds like a customer who needs a slap in the face to me.......

Sounds to me like you don't understand the term "customer". Customers are people who keep you in business in case you didn't know. Generally speaking you should try to keep them happy so they spend more money with you in the future. It's a tricky concept I'll grant you, but it's important anyway.

This isn't a case of me ordering the wrong thing or changing my mind. I'm telling them they sent a more expensive item so the "right" thing to do would be to do a straight swap. I spent over £5k with this company last year, but obviously that counts for nothing. Sure, I may not be a big fish in terms of expenditure, but I can guarantee I won't be recommending or buying from this shop anymore.

The simple fact is, I've done nothing wrong in this process (or have I?). I deal with plenty of companies who are willing to bend their procedures a little when it's their mistake. I've been in this situation in the past and unsurprisingly (to me at least) the company were very happy to swap at the door.

Name and shame the retailer plox, kthxbai.

P.S. You should have smacked it on the bay

I won't name and shame until I've had a chance to get this fully resolved If things don't turn out right I'll N&S.

No it isn't. He ordered a piece of software; presumably the delivery time was quoted when he ordered (it tends to be). He assumed that he'd receive his £400 worth of software and be able to use it immediately- this is not an unreasonable assumption......

Thanks for the support Rave, and like you said a simple stock check should be able to prove my innocence (or apparent guilt in Finlays eyes). All I want is the product I paid for with the minimum of hassle. I accept mistakes happen, but this company have just alienated a (previously) good customer.

I'm with finlay666 on this. If you want to do the honest thing then it is going to delay you for a couple of days. If you are happy being dishonest, then sell or use the software. But from a legal standpoint I'm not sure if they can charge you the extra money or not...

That's kind of the point though.

Honest Approach = 1 week delay minimum
Dishonest Approach = Immediate use plus more licenses or at least £100 profit on the bay

I'm going to do the honest thing, but why should that result in me being penalised? I just can't find a good reason for me to have to wait around for a week to get this sorted because I was honest.

This could all be resolved with a simple swap at the door. Yes, they'd have to place a little trust in me, but I would hope that would be demonstrated by me owning up to getting a more expensive product. I'm not running an elaborate scam here, I just want the product I paid for without having to wait in, and then wait for their bureaucracy to catch up.

[oolon]

The problem is they do not know you are not lying to them an trying to get a second item while hanging on to the first. I would have suggested a different tack.

Tell them the item you have order has not arrived, they have sent you a different item as an unsolicited good. Ask them to send you your item (unsupplied item) or refund your money, then arrange the return or just allow you to keep the mistake insted.

phone companies have done swaps on the door for me.

[gmarno]

The problem is they do not know you are not lying to them an trying to get a second item while hanging on to the first........

.......phone companies have done swaps on the door for me.

Yeah, I appreciate what you say. But like Rave said, there are FAR easier ways to get free software or scam companies out of their goods. I'm also a pretty regular customer with them, so I had hoped that my previous purchases would go in my favour.

I've also had swaps at the door (i.e a courier wouldn't hand over the goods until he received a package back).

[finlay666]

Sounds to me like you don't understand the term "customer". Customers are people who keep you in business in case you didn't know. Generally speaking you should try to keep them happy so they spend more money with you in the future. It's a tricky concept I'll grant you, but it's important anyway.

No need to be a patronising idiot, I have worked in retail for 5 years and customer service for 18 months. You do want to keep most customers happy, however the stupid impatient ones are usually more hassle than they are worth

This isn't a case of me ordering the wrong thing or changing my mind. I'm telling them they sent a more expensive item so the "right" thing to do would be to do a straight swap. I spent over £5k with this company last year, but obviously that counts for nothing. Sure, I may not be a big fish in terms of expenditure, but I can guarantee I won't be recommending or buying from this shop anymore.

They are doing a straight swap, because it happens on their end it's still a straight swap. Do you want someone to hand deliver it to you? Get off your high horse.

The simple fact is, I've done nothing wrong in this process (or have I?). I deal with plenty of companies who are willing to bend their procedures a little when it's their mistake. I've been in this situation in the past and unsurprisingly (to me at least) the company were very happy to swap at the door.

Different companies, different policies. Both fully within the law

or apparent guilt in Finlays eyes

Re-read my posts, I never said you were innocent or guilty, merely that the company doesn't know if you are being honest or dishonest.

That's kind of the point though.

Honest Approach = 1 week delay minimum
Dishonest Approach = Immediate use plus more licenses or at least £100 profit on the bay

I'm going to do the honest thing, but why should that result in me being penalised? I just can't find a good reason for me to have to wait around for a week to get this sorted because I was honest.

This could all be resolved with a simple swap at the door. Yes, they'd have to place a little trust in me, but I would hope that would be demonstrated by me owning up to getting a more expensive product. I'm not running an elaborate scam here, I just want the product I paid for without having to wait in, and then wait for their bureaucracy to catch up.

Oolon, OP has already stated company is aware of it, and will collect the item then send out the correct item on receipt of the wrong one, selling/use now is essentially misappropriation of items OP does not own

What is it with people being such rude, dishonest, narcissistic b*stards?

[Rob_B]

Jesus calm down, I don't think it's unreasonable for the company to go the extra mile in this case considering they're currently down £150.
Seems like they're not willing to spend a few extra quid on securing the swap especially considering they're the ones at fault, if it were my company I'd be gagging to get the swap done before the customer decided to ebay it!

[oolon]

Oolon, OP has already stated company is aware of it, and will collect the item then send out the correct item on receipt of the wrong one, selling/use now is essentially misappropriation of items OP does not own

What is it with people being such rude, dishonest, narcissistic b*stards?

Narcissistic? I see no self love here. Dishonest? I never suggested he should have just kept the better item and not told them, I just said how I would have handled the conversation, clearly the firm shipping is going to do would suggest terms that was best for them. I would have tried to be on the front foot instead.

He is not entitled to those goods, they are not entitled to his money as they have not supplied the correct goods, why should they have access to his money while the return is going on? They are not entitled to withhold his goods he has paided for. If they don't believe they sent the wrong goods which is why the wish to have them returned first then state in writing he will accept these as a replacement. After all they could have not supplied enough items in with case there would be nothing for him to return, would they then have not tried to fore fill the order correctly?

He could have kept quiet and after a reasonable amount of time if they had not asked for them back they would have been his. So either are not entitled to anything at that time, if they wish to believe they have sent the right good and not do a return that would have been acceptable.

I have had amazon send replacement items before the original was returned before its not "unreasonable", I was to be a present, so I wanted to present it, and not miss the date even if I had to take it back and swap the item after Christmas. Whats the problem about this particularly for a customer in good standing?

Another alternative would be to tell the company you wish to cancel your order as they have sent the wrong goods (which is well within his rights) and then do a new order for the correct goods.

[gmarno]

......What is it with people being such rude, dishonest, narcissistic b*stards?

Seriously? I mean seriously? You're talking about people being rude after, and I quote:

Sounds like a customer who needs a slap in the face to me.

I had a funny feeling you had worked in retail/customer services as you seemed a little too vehement in your defense of this company. I understand why you came out fighting their corner as you did though, because I'm sure you get to deal with this stuff day in, day out. Maybe you need to take a step back and make an impartial evalution of this situation.

Just so you know, I didn't give anyone any abuse at this particular company, I'm always very conscious that these people are there doing their job and they don't need someone at the end of the phone abusing them. I never raise my voice, call them names or use language I wouldn't use in front of the pope

However, if a company is not treating me in the same way that I would treat my own customer base, I make sure that I express my distaste for said companies policies. I'm not out to make their lives a misery, I'm merely out to get what I paid for in a timely and hassle free manner.

....They are doing a straight swap, because it happens on their end it's still a straight swap.

Sorry, that's not a straight swap in my book. A straight swap would be me sending them the wrong package and them sending me a replacement so it crosses in the post. If we're talking division of time here, that is a fairer swap. A swap at my door would be in my favour, but as I'm the only party not at fault here, I don't see that as a bad thing.

....Do you want someone to hand deliver it to you? Get off your high horse....

FYI yes, I would like it hand delivered, ideally by a courier company. If it's not to be hand delivered, I'm not entirely sure how the courier company can train a ferret in time to cart it down my driveway Either that or they could design some kind of faux father christmas machine to loft it down my chimney (I'm thinking some kind of trébuchet contraption with a hint of tinsel). Either way would be kick ass

At the end of the day, this company (IMO) isn't treating me with respect. Building a rapport with customers is what business is all about. You don't have a business without customers. At this point in time, I'm going to ship the product back, get a refund and buy somewhere else (preferably in store as per Finalys suggestion).

[TooNice]

I can see understand why companies may be weary, they may be down £250 now, but they could be down £1050 in the worst scenario. But I can sympathise with gmarno, assuming that he is telling the truth. I would not be amused with needing a piece software, yet ending up unable to use it for 3 weeks because I need to solve a mistake that wasn't mine to sort in the first place. Still, if that was the main issue, then suggesting that he sells it is not going to help as the time it takes to flog it, get paid and purchase another copy would still result in the OP not getting the software he presumably needs. Any 'profit' could be viewed as 'compensation', albeit not a very honest one still. If I was managing the store, I would look at his purchase history to assess how likely it is to keep his word and weight it with the £250. It's not a straight decision, but the ball is in their court, and I do not think he needs a slap in the face for being put in a situation he did not ask for, not initiated in the first place.

[filbert]

I don't know the law but this is how I see it,
They have not sent the item you paid for, ask for it to be sent asap, or give you your money back, if not claim it back from your ccc.
The item they sent you is now yours, I don't see how they can get it back if you don't want to give it back.
Sounds like a company that needs a slap in the face.