|
|
Java-E UK - Consumer Rights (Incorrect Items)
You are legally entitled to get exactly the same item as what was advertised/described to you when you purchased/ordered it. If what you receive does not match exactly what was described to you before you bought it, then you are entitled to a full refund. No exclusion clauses can be used here by the seller; the law takes precedance over anything that the seller has told you regarding their liability for not supplying to you what they promised/described.
Even if a product was on physical display for your viewing/checking, then a seller's argument against you of: "you bought what you saw" or "bought as seen" is not legally valid if the description given to you by the seller did not match the product that you received (even if the product that you received was physically exactly the same product that you saw). The same logic applies to samples that you're given for trial; the final product that you get after you've approved the sample must also still be what the seller originally described/advertised to you, even if it's the sample itself that you receive/keep.
The description given to you by the seller must match what you receive, otherwise the seller is obliged to give you a full refund or exchange at your request. You do not have to accept a repair or an alternative from the seller unless the item was specifically designed/produced for you in which case the seller is entitled to just offer a repair/correction to the item so that the item fits the promised selling description.
The obligation for sellers to give you a full, fair, and accurate description of what you are purchasing is one of the reasons why we do our best to give you as many details as are reasonably possible about our products and services prior to your purchase.
For distance (eg Internet) selling, this is especially important as you do not physically see the product before you buy it.
If you order many items as a batch on a single order, then even if one of those items is not what you ordered, then you have the right to reject the entire batch/order.
Whenever you (validly) reject an item from a seller, it must be returned to the seller by you, but you should not have to pay for this (or if you do pay for its return, then the seller must reimburse you for all reasonable return costs). However, if you reject an item purely as part of your cooling-off period (i.e. a change of mind) then the seller does not have to pay for the return costs.
|