I ordered a 32in tv in the local Sony Centre, paid deposit over phone with credit card yesterday. Went by this morning to pick it up and paid off rest of balance on credit card.
Didn't clock til I got home they'd given me a 42in, I just thought the box size was cos of all the packaging.
Now, they offer a 5 year guarantee on any tv they sell (although I can get a free 2 years through my credit card anyway, on top of a normal 12 month guarantee).
They were supposed to email me this guarantee, and they'd confirmed that they had the email address correct, and all was well, and that the email might not come through straight away, as Sony send them in batches sometimes.
Now the bloke behind the counter said the 32in? when I said I was there to collect the tv I'd put the deposit on, and I confirmed that back, and some other man went and got the tv from the back and brought out a box, and the first bloke then gets the model no off the side to put in the computer for the guarantee, the model no btw that has the number 42 as part of it, he says £300 to pay, I pay, and then I say "I'll go open the car", and walk out, then he carries it out to my car a few minutes later, not realising he's carrying a 42in, and puts it in. So, three times they had chances to realise it was the wrong model. The first I know is when I get home, unpack the grocery shopping, and then finally getting around to unbox it and see, and I actually got the tape measure out to confirm what I'm seeing.
At this point I get a phone call from them, saying they'd made a mistake, and the email was bouncing back to them because he'd spelt the email address wrong, and I was registered for the 32in on it also, even though he took the model no off the box to register it at the time, which had 42 not 32 in it. Also, he's ringing off his mobile, not the store no. Now, of course, he wants me to return this tomorrow myself to swap it out for the 32in. They know I work nights so can't go back in today.
Now, am I wrong in thinking that once money's changed hands, and the consumer has walked out with the goods off the premises (whatever the actual goods, and in this case, me not actually walking out with it, but the staff member taking it out of the store and placing in my car), the deal's been struck, as it were, and I'm not under any legal obligation to return it? That at this point a contract has been made, I've paid them money, they've given me goods, and now I'm the legal owner of said goods? Even if they turn out to be the wrong goods?
I know if the situation were reversed I'd want them to fix their mistake if I ended up with a lower spec tv, but am I equally obliged to fix their mistake?
And, if legally I can keep it, can I still get them to honour the 5 year guarantee they offer?
I've since found out they should rectifying at their cost/my convenience, not the other way around, so I'll be telling them that, and also the receipt says 32in, although I know I could always use a credit card statement as proof of purchase if I kep't it and needed it fixed due to faults.
Now I'm not saying I'm not going to swap it back, but I want to know if I'm legally obliged to, as everything I'm reading seems to suggest once a contract has been struck, even if the shop made a genuine mistake in selling me goods, I'm not legally obliged to fix their mistake.
Consumer Advice arn't open til Monday, and I'm reluctant to return it and then have them claim I damaged it in some way, or made it less than it's original worth by unboxing it, to make up for any financial loss their mistakes may incur, by them taking it out the store and giving it to me. I want to be sure where I stand.
I am cosidering offering a bit more, since they wouldn't be able to sell at full price now it's unboxed, but again I don't want to do anything til I know for sure where I stand.
If anyone knows for sure, or can point me at the right piece of legislation/act, I would appreciate it.
Didn't clock til I got home they'd given me a 42in, I just thought the box size was cos of all the packaging.
Now, they offer a 5 year guarantee on any tv they sell (although I can get a free 2 years through my credit card anyway, on top of a normal 12 month guarantee).
They were supposed to email me this guarantee, and they'd confirmed that they had the email address correct, and all was well, and that the email might not come through straight away, as Sony send them in batches sometimes.
Now the bloke behind the counter said the 32in? when I said I was there to collect the tv I'd put the deposit on, and I confirmed that back, and some other man went and got the tv from the back and brought out a box, and the first bloke then gets the model no off the side to put in the computer for the guarantee, the model no btw that has the number 42 as part of it, he says £300 to pay, I pay, and then I say "I'll go open the car", and walk out, then he carries it out to my car a few minutes later, not realising he's carrying a 42in, and puts it in. So, three times they had chances to realise it was the wrong model. The first I know is when I get home, unpack the grocery shopping, and then finally getting around to unbox it and see, and I actually got the tape measure out to confirm what I'm seeing.
At this point I get a phone call from them, saying they'd made a mistake, and the email was bouncing back to them because he'd spelt the email address wrong, and I was registered for the 32in on it also, even though he took the model no off the box to register it at the time, which had 42 not 32 in it. Also, he's ringing off his mobile, not the store no. Now, of course, he wants me to return this tomorrow myself to swap it out for the 32in. They know I work nights so can't go back in today.
Now, am I wrong in thinking that once money's changed hands, and the consumer has walked out with the goods off the premises (whatever the actual goods, and in this case, me not actually walking out with it, but the staff member taking it out of the store and placing in my car), the deal's been struck, as it were, and I'm not under any legal obligation to return it? That at this point a contract has been made, I've paid them money, they've given me goods, and now I'm the legal owner of said goods? Even if they turn out to be the wrong goods?
I know if the situation were reversed I'd want them to fix their mistake if I ended up with a lower spec tv, but am I equally obliged to fix their mistake?
And, if legally I can keep it, can I still get them to honour the 5 year guarantee they offer?
I've since found out they should rectifying at their cost/my convenience, not the other way around, so I'll be telling them that, and also the receipt says 32in, although I know I could always use a credit card statement as proof of purchase if I kep't it and needed it fixed due to faults.
Now I'm not saying I'm not going to swap it back, but I want to know if I'm legally obliged to, as everything I'm reading seems to suggest once a contract has been struck, even if the shop made a genuine mistake in selling me goods, I'm not legally obliged to fix their mistake.
Consumer Advice arn't open til Monday, and I'm reluctant to return it and then have them claim I damaged it in some way, or made it less than it's original worth by unboxing it, to make up for any financial loss their mistakes may incur, by them taking it out the store and giving it to me. I want to be sure where I stand.
I am cosidering offering a bit more, since they wouldn't be able to sell at full price now it's unboxed, but again I don't want to do anything til I know for sure where I stand.
If anyone knows for sure, or can point me at the right piece of legislation/act, I would appreciate it.