M&S refused my review!

[Lizzie48]

That is what I thought!!!!!

[Plantaholic]

I am going to stand my ground on this one Gemini. I don't need a new electric toothbrush but I have no intention of going to the post office.

[Gemini]

Yes, don't send them back Plant. They need to collect them.
I have put link below covering this topic, and have copied here the part relating to your situation.



What if it the delivery was sent by mistake?


It’s a different story altogether if items are sent to you by mistake. That is, if the order wasn't meant for you, if it was sent to you twice, or if there's extra stuff on top of what you ordered.

In all these scenarios, they are not classed as unsolicited goods, they still belong to the trader and you should try to give them back.

Firms can take you to court to recover their goods, if you were to resist.

You will need to contact whoever sent the goods and ask them to collect them. This shouldn't cost you anything or inconvenience you in any way. You should also give the company a reasonable deadline to collect the items, of say, 14 days.

Make sure you keep written evidence of your contact with the supplier.


https://www.saga.co.uk/magazine/mone...-me-by-mistake

[Daisy]

A super store here advertised, by mistake, imacs for the price of €2!!! A very huge mistake, a few people ordered them and they were delivered, one man ordered 3 for his business and refuses to return them as by delivering them the sale went through, he is taking them to court, I do wonder what will happen, I wish I had seen them for that price!!!

Lizzie the law here in England is when a business/individual puts an item up for sale at a given price it's called "an invitation to treat". The seller can choose to sell to a potential buyer or can refuse to - on any grounds. So if they've put the wrong price on they do not have to sell at that price. No problem.

But I don't know what happens if they actually sell at the wrong price and the transaction is completed legally. I would think the law would say the contract between seller and buyer is complete and that's it. But I wonder if the seller would have any defence in since the buyer must have know the price was wrong. It will be interesting to know what happens.

[Daisy]

Gem - that's interesting about unsolicited goods. Superdrug should be collecting them from Plant - they certainly can't expect her to take them to the Post Office in the current circumstances!

Plant - at least you got your original order eventually!

Just before lockdown started I'd ordered a new harness and lead for Eva. I got it from a lovely company I'd used before because they make harnesses in three different parts and various sizes so you can get a good fit. The parts also come in different widths. I'd had 40mm width previously but wanted 20mm this time. I didn't realise that a Medium in 20mm was shorter than a 40mm. They very kindly sent me two possible replacements. Then lockdown started and I couldn't go to the PO to return the unwanted parts. So a couple of weeks ago I posted them back with an explanatory note. They've come back undelivered with the address crossed out!

[Lizzie48]

Yes Daisy, it is the same here, but, as they goods were delivered the man is claiming they were "sold"! He could be right, I will let you know who wins the court case.

[Daisy]

Thanks - I'd like to know the outcome. You never know we might be getting bargain iMacs here.

[Plantaholic]

Some people do not have a post office, We are lucky to have one in the village, bit far for me to walk. The other is a drive away, both are in C0-op shops. Thanks for the Saga advice Gemini.

[Daisy]

Plant - our quite large village hasn't had a Post Office for about a year. A new one has just opened in a new convenience store. Otherwise the nearest is 3 or 4 miles away.

Lizzie - I'm still thinking about the bargain iMacs! I wondered if it could fall under Unfair Contract terms legislation, but that's usually when it's unfair to the buyer, not the seller, so still none the wiser.

[Gemini]

Daisy, I don't know if this is right or not, but when my mum worked in retail she said although the shops couldn't sell an item at another price if it was marked incorrectly, they could refuse to sell it to you at all. (As you said I just realised )

She also told me these 'all breakages must be paid for' notices some shops have are meaningless. They must be yes, but by the shop or the insurance! No way can a shop insist a customer pay for accidental breakages.

[Daisy]

Gem - that's interesting about breakages. I didn't know that.

[Lizzie48]

Daisy, I read that our Watchdog has said it was a mistake of the the store and that the people should have realised that €2 could never be the price, so, they advice the people to return them to the store. I am still following the story!

[Daisy]

Lizzie - it's interesting. I suppose there's a world of difference between 'should have realised' and what the law says. I wonder which way it will go.

[Lizzie48]

Lizzie - it's interesting. I suppose there's a world of difference between 'should have realised' and what the law says. I wonder which way it will go.

I do wonder what will happen!

[Glammanana]

When it was my GGDs 3rd birthday in early March my GS ordered from Homebase a wooden Wendy house for the garden it arrived on the date stated and the men delivering left it on the drive way as instructed they then returned 1 hr later with another delivery so much bigger than the first one and it turned out to be a hot tub for the garden,he was so surprised and called the Company and they insisted he had ordered it his address was on the dispatch note etc,he checked his bank and no money was showing as missing apart from the Wendy house cost.He tried a few times to have it collected with no joy I haven't spoken to him for a couple of weeks so don't know if it has been collected as yet.