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Wrong Item Sent From Online Shopping

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gina32 | 18:00 Tue 27th Mar 2018 | Law
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I bought a game for a ps4 but when it arrived it was for a ps3 I phoned them up and they said they would look into it and email me. Ive received the email and they say the item i wanted had the wrong price, it was more expensive and and therefore i cant exchange the ps3 one and have to send it back for a refund. Where do i stand please. Thanks

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Send it back for a refund, get your money, then reorder the ps4.
No legal eagle but IMO unless the transfer of goods changes something, they aren't obliged to sell. If they pay return postage it doesn't sound unreasonable to me. That stated, one would've expected they'd have preferred to invest in customer good will over their error.
Question Author
But they did sell to me and i paid but they then tell me the one i want it costs more and cant sell it me. i ordered the ps4game but got a ps3
one instead, why should i get a refund and then pay more??
I understand your viewpoint. One of the legal brigade will likely be along soon.
Oh and you can opt to buy the PS4 version elsewhere, where it might be cheaper.
I think you have an argument for them to supply you with the PS4 version. The advert is an offer to buy; you accepted and gave them the money so, to my mind, a contract was made. They then broke the contract by sending you the wrong goods.
With any luck one of our clan who is more versed in the law will spot your post but, if not, I think it's worth talking to CAB.
Question Author
Thank you
If an item is wrongly described the seller IS obliged to provide a full refund but is NOT obliged to offer a substitute item (which does meet the original description). Indeed, in many cases that would be impossible anyway. (e.g. if someone offered a size 16 dress for sale, which turned out to only be a size 12, the seller might not have a genuine size 16 item to replace it with).

Get your money back and then look elsewhere for the PS4 version of the game.
Question Author
The item WASNT wrongly described. It was correctly described but a different one sent
Well I have just had the opposite reaction. I ordered on line a a crystal chandelier which had gone up £10.50 in the meantime before delivery!, and was sent a black 3 armed light shade. It was taken back un-opened and the firm changed it for the one I had ordered and reduced the price back to what I had paid all without any problems at all.Plenty of apologies though.
Let's backtrack - they've sent you the wrong item. You're entitled to a refund.
I can do even better than that, julia-mag. I returned an electric toothbrush to John Lewis after about 18 months of a two-year guarantee. In the meantime the price had dropped by £5. I was given a replacement brush and "I have to ask you this sir, but would you like the £5 back as well?".
I know John Lewis almost 'push' you take extra if you have to return anything, all with good grace, in other words they want you to come back and shop there again. Customer satisfaction guaranteed. Lots of shops would do well to follow their example.
she contracted for a ps4 for 3/6 or whatever
and they sent a dinkey tractor

I think she can say - "can I have a ps4 please ?"
>>> The item WASNT wrongly described

Yes it was. The PS3 item available for £x was described as being compatible for a PS4, therefore it was wrongly described. The fact that a different item (genuinely compatible with a PS4) was also available for £(x+y) is irrelevant.
Surely gina ordered and paid for exactly what she wanted and they still need to send that? Sending her random other items in between is irrelevant- they still need to send what was agreed.
I wonder if there was a photo in the ad - surely that would be definitive.
Question Author
The item i ordered said 'Dance 2018 PS4' and the picture was of the item with PS4 written on it. It wasnt described as being compatible, it was described as being for a PS4, nothing on it said for PS3
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