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Original poster

Is this legal? Is it not misrepresentation?

42 replies

chrysantheMum · 06/07/2008 15:06

will link to bed thread as am

OP posts:

Original poster

chrysantheMum · 06/07/2008 15:06

www.mumsnet.com/Talk/2770/557203

OP posts:

avenanap · 06/07/2008 15:15

Run this one past me again. There's way too many comments. I'm guessing you've all ordered what you thought was a bed but it turned out to be a draw that goes under the bed?

What did customer service say exactly when you placed the order and what is on your reciept?

Original poster

chrysantheMum · 06/07/2008 15:22

oh thank you for answering! i know there's loads of info on there - basically...

bed offered for sale on website at £30

lots of us bought it - money taken from accounts.

confirmation email stated item was a bed.

company rang to arrange confirm delivery later on in week - verbally confirmed was a bed.

item delivered - is not bed, is drawer.

lots of people sent the drawer back - i kept mine and rang to ask where rest of bed was.

was then told - was never a bed, was always a drawer.

can give you more info if you like?

their terms and conditions states that if there is an error of their making they will contact customer PRIOR to dispatch to point this out - they didn't.

also say no contract is in place until goods are dispatched to customer.

am very grateful that you replied

OP posts:

avenanap · 06/07/2008 15:30

It's OK. Your basic contract law consists of offer and acceptance. They offered a 'bed', you accepted and have paid money, that's your part of the contract. Under the trades description act they should have sent you what you had paid for. Different rules apply to distance selling (internet purchases), I'm checking these for you and will get bac in a few minutes. I do think that you all need to contact trading standards over this, keep all copies and if anyone has a print out of the page then this will help. Hold on.

Original poster

chrysantheMum · 06/07/2008 15:34

you are an absolute star.

thank you so much.

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avenanap · 06/07/2008 15:37

What does it say on your reciept/proof of payment?

CJMommy · 06/07/2008 15:44

It says, 'bedstead with storage' followed by a catalogue number. Aapparently, the catalogue number relates to the drawer but people did not order using this number, they ordered by clicking on options ie. bedstead with storage that came up as £30. Theses are some T's and C's from catalogue

'2.2 When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery.

3.2 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.'

LIZS · 06/07/2008 15:46

I'd suggest you contact Consumer Direct for advice. However I suspect they can refuse to provide you with the goods as long as a refund is offered. tbh if an offer looks too good to be true(and there seems to have been a certain amount of suspicion at the time), it probably is.

Original poster

chrysantheMum · 06/07/2008 15:52

my receipt says Kyoto" bedstead with storage WV56718

welcome everybody - lets get this sorted!!

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avenanap · 06/07/2008 15:57

Hmm. Additions is an Argos company isn't it? I've had a similar problem before with them. Ds bought what was advertised in their catalogue as 3 lego figures. It turned out to be only 1. I contracted trading standards about this and was told that I was entitled to a refund but not the extra lego. There have been ocasions where argos have got prices incorrect on their web site and had to sell widescreen TV's for £20. It does sound like another one of their cockups though. They have put the wrong catalogue number on a bed so people think that the bed is £30. Normally, a mistake like this would render the contract void, because you have both made a mistake as to the subject matter. There is no contract because you believed you were getting something else. This is where it gets complicated. Have you checked the web site to see if they have altered the price and catalogue number?

Original poster

chrysantheMum · 06/07/2008 16:00

the company is kays.com which is a division of littlewoods i think.

they did alter the website on monday but were aware of the mistake before then.

we all ordered our beds last sat/sun i think.

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LIZS · 06/07/2008 16:01

I'm almost certain they have the right ot withdraw the offer to sell right up until the point of despatch but call CD tomorrow and double check.

avenanap · 06/07/2008 16:06

I do suggest that you all contact trading standards over this. If they were aware of the mistake and have made no attempts to contact the customers then this can get messy. You still have time to cancel all of you who have not recieved their 'bed'. I'd be on the phone to customer service and giving them an ear full. Has anyone done this yet?

Original poster

chrysantheMum · 06/07/2008 16:09

i have given them 6 earfuls! and spoken to a very rude woman in e-commerce. they all insist that they are right.

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avenanap · 06/07/2008 16:11

They are right in selling a box for £30 when they said it was a bed and a box?

Have you given them a ring and said that you have been delivered a box and am wondering where the rest of the bed is?

Original poster

chrysantheMum · 06/07/2008 16:14

yes, that is exactly what i said - they said that there had been a mistake, that I was only due to receive a drawer and that I was not entitled to the bed as no contract was in place until goods were dispatched.

the fact that i was (very reasonably, IMHO!) expecting a bed and had a confirmation email to say i was getting a bed was irrelevant, apparently...

OP posts:

avenanap · 06/07/2008 16:17

Have you cancelled your order? Have they offered/given you a refund?

CJMommy · 06/07/2008 16:20

We spoke to them after we had refused delivery of a drawer on friday. After a lot of conversation, we were told that a contract was in place when the goods had left their care, when delivery people had collected them. therefore, contract was in place. They have said they will refund initial payment, and then took a further payment of same amount saying that they have to honour contract and deliver a bed but will put it through on a 'special' order. So apparently, we should be receiving a bed soon??!

Original poster

chrysantheMum · 06/07/2008 16:22

i accepted the delivery as i (again reasonably!) thought that perhaps the rest of the bed would come on another delivery (although i was only given one date).

they have offered to collect the drawer, refund my money and knock £10 off my next purchase from them.

i have not acknowleged this yet(was by email)

i pointed out that at least 3 members of their company had also verbally confirmed that i would be getting a bed - again, not relevant

OP posts:

avenanap · 06/07/2008 16:23

CJMommy: Yes. You 'should' be getting a bed. It sounds as though they have realised that they have messed up. Try to get this in writing though.

This doens't mean that everyone will get a bed though, especially if you have not recieved your box yet.

Original poster

chrysantheMum · 06/07/2008 16:23

i mentioned to them i was aware that other customers had had the same issue and that the company had honoured the offer in some cases (as per CJMommy) - she laughed me off the phone

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avenanap · 06/07/2008 16:27

chrysantheMum: They are sending CJMommy a bed, thus accepting they have made a mistake. They have set a precident now, they have to treat you all the same. Get back on to customer service, tell them that a friend also ordered the same and is due to be delivered a bed after they admited they were wrong and that your contract is valid as they have delivered the box. Tell them you are going to contact trading standards and you shall be sending them an invoice for the phone calls and legal advice you have had to get (I'm not a solicitor by the way, but a law graduate)

Original poster

chrysantheMum · 06/07/2008 16:30

thank you - will do all of that. you are very kind! i'm actually a law grad too...but it was a very long time ago....!!

many many thanks indeed

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avenanap · 06/07/2008 16:32

See, you already knew it all .

I think sometimes it's better to keep phoning and talking to different people. It is annoying when you phone and talk to someone that it incompetent and knows nothing, the next time you phone the person on the other end may actually know what they are doing.

Original poster

chrysantheMum · 06/07/2008 16:40

i am tempted to keep phoning, but i have an email which I'm going to repond to - i've spent about 2 hours on the phone in total and am seriously worried about how much it has cost!

you really are a star

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