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Wrong Description - help


caz2480
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I need help on my rights on this matter if possible.

 

I ordered some goods from Woolworths website for my daughters birthday. The promotion was buy a DVD and get "Interactive Doll" half price.

 

Well the doll is not actually the interactive doll that I believed it was, it is a doll that is not interactive at all.

 

The interactive doll is not in the promotion. I telephoned the customer services on Friday and they just thanked me for informing them for the mistake on their website. When I asked if I could have the interactive doll instead of the one I got, they said no as they are allowed to have mistakes in description on website as long as its changed in 24hrs.

 

Yet it has still not been changed. The website still says it is an interactive doll.

 

Can anybody let me know if there is anything I can do about this.

 

Thanks:-)

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It is false advertising, pure and simple. You are entitled to whatever was advertised. Ensure you save a copy of the web page that the offer is on to your computer, in case they change it and then deny all knowledge.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thanks for your reply.

 

I Have copy of web page on Friday, have copy of email confirmation of order and another copy of webpage today to prove it was not changed in 24 hours.

 

So I am definately entitled to the interactive doll. Thats great news, at least I know they are in the wrong.

 

Do you have any tips on how I can argue my point with them, can I threaten them with trading standards?

 

Thanks again:-)

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Tell them you will speak to trading standards, and inform them that if you do not either receive the doll, or are given the cash equivalent, you will sue them in small claims.

 

Its a common trick this one. Both at Argos and Tesco, you will not be offered the product if they have misadvertised, even though you are legally entitled to it. Where I worked you basically had to request it specifically to get it, although we would then give it.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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  • 3 weeks later...

Hi

 

I have emailed and called several times, I am waiting for head office to call me!

 

I have been in contact with the Senior Customer Support Advisor who is very unhelpful. I will copy here the email I got this morning.

 

 

Dear Miss xxxxxx

Thank you for your email.

I'm sorry that you have not yet had a reply to your email, so I hope you will accept my apologies for this.

With regards to the 'Barbie' promotion, I can appreciate that you felt misled by our website and our duty as a retailer is to prove 'due diligence' when any errors are brought to our attention by correcting these errors as soon as possible.

If you feel that the item you have purchased is not suitable, then I would suggest that you return it to your local Woolworths Store, along with your proof of purchase, for a full refund.

I realise that you may be disappointed with my response, however I now feel this matter is closed.

Regards

xxxxxxxx

Senior Customer Support Adviser

 

 

any help on this would be most apprciated, I have sent numerous emails to these people and only had 2 back basically the same as the one above.

 

I do not know where to go from here.

 

Thanks:)

 

 

 

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As I noted earlier - they are allowed genuine mistakes, and an opportunity to rectify them - which they have done. You might obtain some satisfaction from the ASA due to the misleading nature of the the web-page, but unless you have a copy of it as it originally appeared, that route would be closed to you too. As I see it, it wasn't a misleading description, simply an erroneous one that has been fixed. They've certainly apologised to you and rectified their error - what more could you reasonably expect them to do?

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I have screenshots of the original advertisement. I believed I was purchasing the Barbie Interactive Princess Genevieve, instead I got Barbie Princess Genevieve. There are 2 different dolls, 1 is interactive the other is not.

It is on my invoice that I was purchasing the Interactive doll. I've looked at both boxes, one says interactive, the other does not.

 

I purchased the interactive doll and that is the doll that I want. I would like them to fulfill the order that I placed and this has not been done.

 

This was purchased for my daughters birthday, which was on Wednesday 15/11, so obviously she didn't get it and was most upset as she didn't get what she wanted.

 

Also they had known about the problem for over a week before it was changed, so they had plenty of time before to change the advert, it was only after I mentioned Trading Standards that it got changed.

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If they advise you they made a mistake before taking payment and dispatching the goods, this is quite common practise. I don't believe they can claim it was an error and simply not honour the order, AFTER you have had an order confirmation, specifying what you will get - and certainly not after they've taken payment.

 

From looking at the Woolworths site, it seems it will cost you £30 to "upgrade", not insignificant, but their last reply appeared fairly final. If you want to pursue it, I'd send them an LBA with a copy of the court form you will submit if they don't upgrade your doll or give you £30 within 14 days. I'd then be very surprised if they don't respond if your favour.

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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You've got an Invoice showing the Interactive doll at the incorrect (original) price, and paid for? Then there's no issue - you are due the goods at the stated price and not a compromise. However, if no payment was made then your offer to their original 'invitation to treat' - even though it was incorrect - any compensation would be on goodwill alone, you'd have no right to it. Also the fact it took a week to update hte web page is not unreasonable, as the firm probably has an external contractor managing their entire Eshop.

 

If you choose to pursue them, it will not be a slam-dunk, and you could be disappointed if the judge is not sympathetic.

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