Can I pick your brains? Sales regulation help needed please

20 replies
Found 20th Oct 2007
If a retailer substitutes an item that you have ordered for one of a lesser quality and places it in the packaging of the item you originally ordered, is this against any sales regulations?
What about if they don't advise you of the substitution?

TIA

21 Comments

Banned

That is sooo not right.

If it is not what you ordered then just sent it back.

Original Poster

PubLandlady

That is sooo not right.If it is not what you ordered then just sent it … That is sooo not right.If it is not what you ordered then just sent it back.


I reserved and collected (or not as it turned out) But was Assured (by a very arrogant sales person) that this was standard practice???

Evening Jen

I would of thought so, just imagine how cadburys would feel if a retailer put kinnerton chocolate in one of their wrappers.

What item were you refering to?

Original Poster

Evening Golf

It was a car seat

Where did you buy it from?

Stand your ground Jen....tell them your going to phone the manufacturer direct.

Original Poster

the.tourist

Where did you buy it from?


Argos

jennybubbles

Argos



14 day money back guarantee :thumbsup:

30 day money back guarantee (so their website says)

Original Poster

golfchip

14 day money back guarantee :thumbsup:


I didn't buy it (well I did but got the money refunded straight back which will take 3 -5 days :roll:)I'm just hacked off with their substituion policy given I had to travel all the way to glasgow to be given a car seat wich rated 38 in the which tests as apposed to the one in the 70's I ordered :x

Acorrding to the manager there its perfectly fine to sell other brand producs in origonal packaging and not tell anyone. Thank Goodness I couldn't fit the cuffing box in the car :x

I did as if he would have been happy about reciving an Alba sterio instead of the sony one he ordered!!

With that kind of attitude i doubt very much he'll be manager for long.

jennybubbles

I didn't buy it (well I did but got the money refunded straight back … I didn't buy it (well I did but got the money refunded straight back which will take 3 -5 days :roll:)I'm just hacked off with their substituion policy given I had to travel all the way to glasgow to be given a car seat wich rated 38 in the which tests as apposed to the one in the 70's I ordered :x


Was it the Britax Hi-liner/Evolva ones? Britax re-named one of them so there appears to be some confusion about them - there was some discussion about it in the Hi-Liner deal thread....

I have a story, not the same but bad manager still

About 4 years ago I purchased some tops from Poundstretcher, they said 75% off original price and had £5 on them.

I took them to pay and bought a few other items too.

It wasnt until I left I realised I had been charger £5 each but the shop was just closing so went back the next day.

I was told that £5 was the 75% off price, I asked to return them(still with original tags on and unworn) they refused so I asked to speak to manager she came out and gave me abuse saying it was my own fault and I didnt read the sticker right,

I complained to head office who replied via phone and email and said they have spoken to the manager and told her to apologise and I was to go back in and get a refund.

Went back in and the manager harrassed me some more, so I took my camera phone out and went to take a picture, and she grabbed the phone off me saying I was breaking the data protection act, I took phone back and she said she would get me arrested.

I phoned CS again who apologised and said this time it will be sorted.

Went back next day and different staff were on and I got my refund plus a £10 voucher.

Funny thing is week later I saw advertised in the Jobcentre they were advertising for a new manager and the postition had just become available.

Felt a bit guilty!

Wouldn't worry too much about it Hotscot - I'm sure there would have been more than one instance for them to dismiss her - your's was probably the last straw....

Original Poster

gari189

Was it the Britax Hi-liner/Evolva ones? Britax re-named one of them so … Was it the Britax Hi-liner/Evolva ones? Britax re-named one of them so there appears to be some confusion about them - there was some discussion about it in the Hi-Liner deal thread....



It was a britax box but a Graco seat

Thats pretty bad. There's no way this was a substitution - I suspect someone has either deliberately swapped them or a customer has been viewing them and put them back in the wrong boxes in error.

I would definitely speak to their head office and I'm sure Britax would not be happy to hear that Graco seats were being sold in their boxes....and customers being told they are equivalent products.

jennybubbles

It was a britax box but a Graco seat


My guess is somebody bought it and subbed it then got a refund:giggle:

Original Poster

I actually watched them put the car seat in the box and didn't think anything of it as I thought it may have been a display model or something and thats why it was out the box. wasn't close enough to see the make or anything on the seat.
Whole thing was so badly orginised. The other one I ordered they substitued a stage 2 seat from a compleatly different manufacturer. So different make,modle and size :roll:

jennybubbles

If a retailer substitutes an item that you have ordered for one of a … If a retailer substitutes an item that you have ordered for one of a lesser quality and places it in the packaging of the item you originally ordered, is this against any sales regulations?What about if they don't advise you of the substitution?TIA



There certainly is. I would suspect it's a breach of the Trades Descriptions Act 1968 (goods not made by who they are claimed to be made by) and/or The Sale of Goods Act 1979 (goods not as described).

Your local Trading Standards Office is responsible for enforcing these regulations, but they would need evidence such as repeat offending - I guess this is a one off offence trying to shift a seat with the wrong box.

Probably your best approach would be to report the matter to Argos head office. That way the manager concerned should receive appropriate 're-training' and you might get some gift vouchers for your trouble

Some companies are good, I bought a console game from Music Zone a few years back, didnt work staff said they had none left but would give me credit note I said no I wanted a refund, they were polite but said its store policy to just exchange due to piracy.

Went on mobile to head office and said this was wrong, and seconds later the store phone rang and the staff member picked up and said no probs I have been told I can refund.

What Argos have done is definitely wrong. It would be built in to their system to offer a different product if the one you want is out of stock but it would be in its own box, not another manufacturer. e.g. If you want to buy a Lego airport and it is out of stock the computer might suggest a mega blocks airport.

With regards to the refunds it is inexcusable if a manager doesn't know the rules but the avarage sales person might not, they would be told that it is company policy to only give a credit note and most customers are fine with that because they don't know the law. If a product is faulty you are entitled to a refund. no discussion!
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