What Are My Consumer Rights on Alleged Advertising/Listing Mistakes?

Zavala on 25/11/2020 - 15:53
Last edited 25/11/2020 - 16:44

EDIT: Thanks for the advice, going for the refund/chargeback option which I didn't even think about. Should afford me some protection should they decide to mess about.

EDIT: See the pricing edit for the OG items, basically boils down to a ~30-40%, not 400-500%. Essentially I already paid $200 now they want me to pay an extra $90 (+ another lot of shipping) for the items originally advertised

Hi all,

Recently I purchased an item that was advertised as being "set of 48kg of dumbbells with stand - $200" from catch. I ordered it, payed for it (confirmation of order) but when it came to being delivered 3 weeks later it was only the dumbbell stand.

Got in contact with the seller (well known fitness equipment supplier), they apologised and claimed that it was a listing mistake and that the price was only meant to be for the stand. As a remedy they offered me a 20% discount on the pair of dumbbells (EDIT ~$150 inc. delivery Dumbbells $90 with $60 delivery so $350 all up with the already bought stand) or I could return the item with a refund.

I can't really find any information on the process for listing mistakes on the ACCC website apart from "False or misleading claims" or "Component pricing".

My problem centres around that, going by their reviews, they have a pretty horrible record of refunding in a timely manner, and the 20% discount seems pretty silly too given amazon lists practically identical (but not same brand) items for the same price as the discounted price.

Ideally I just want what I thought I was paying for, but a refund might be the best outcome? How can I ensure they'll refund me in a reasonable time?

Anyone able to give me a heads up as to what my consumer rights are in this situation?

General Discussion

Comments

  • Schema on 25/11/2020 - 15:53
    +12

    You have none, just return it for a refund.

  • whooah1979 on 25/11/2020 - 15:56
    +5

    Ask them to send a courier to collect the item and issue a full refund within 7 business or you’ll initiate a chargeback. They can then waste their time and money to dispute the chargeback.

  • ThithLord on 25/11/2020 - 15:59
    +3

    So TL;DR is I want them to provide the dumbells free of charge because of a mistake they made? Good luck.

    • Zavala on 25/11/2020 - 16:04
      +1

      Yeah I figured it'd be like that, it's only that the refund issue seems pretty glaring from the business reviews. I think I'll take the above posters advice though (tell them I'll give them 7 days, then chargeback), I didn't think of that.

  • Drakesy on 25/11/2020 - 16:04
    +1

    If they've stipulated on their site in their terms and conditions that pricing errors do happen and they are not liable then unfortunately you're out of luck.

    However there was a case that i recall where a particular well known online cycling store sold a helmet at the incorrect price online before cancelling the order and refunding the money. The buyer took them to court citing breach of contract.

    The store presented papers outlining that it was a pricing error along with the cost price (which was higher than the price the helmet sold for) and surprisingly lost, in that, effectively when you purchase something the store is signing a contract to provide whatever was in the order. They ended up having to provide the helmet at the original price and pay court costs.

    Lesson learnt, but now seems like everyone has just put it in their T's & C's that they can cancel if they deem the price to be incorrect.

    • Domingo on 25/11/2020 - 18:41
      +1

      Not really applicable in this situation. They sent him something different from what he expected, after he paid for it. That's not a pricing error, that's misrepresenting the product that was sold.

      They should either send him the remainder of what he expected, or have the item returned and refunded.

  • ihbh on 25/11/2020 - 16:09
    +1

    So the price was too good to be true? And you still want it for that price even though the seller said it was an error (deliberate or otherwise)?

    • Zavala on 25/11/2020 - 16:21

      The issue is how to protect myself if I go for one of two options. Refund (this is the preferred option by far) or push them to send the item (given their terrible reviews with refunding).

      Another post has provided me a remedy that I didn't think about (chargeback) which should offer me some recourse if they decide to be slow as a wet week in refunding

      • ihbh on 25/11/2020 - 16:24
        +2

        The issue is how to protect myself

        The way to do it is to check before you try to chase something that is too good to be true.

        Note: a chargeback has a wait period; it's not all rainbows and unicorns.

    • Zavala on 25/11/2020 - 16:28
      +2

      I mean $100 discount didn't seem outlandish. $300 if you include the stand and dumbbells down to $200 (if you include delivery they advertised at the time), the extra $50 being an extra shipping cost with the new items.

      They ended up just sending the stand and pretty much decided not to honour the ~35% original discount. If it was a $1000 product for only $200 it would be an obvious error, but the original discount seemed reasonable enough

  • AustriaBargain on 25/11/2020 - 16:28

    Glad I don't risk shopping with Catch. All that time wasted and you end up with nothing to show for it.

  • Butt Scratcher on 25/11/2020 - 17:49

    I can't really find any information on the process for listing mistakes on the ACCC website apart from "False or misleading claims" or "Component pricing".

    Why would it even be in that section? They aren't intentionally misleading you with false claims. Are you expecting ozbargainers to give you advice on a thousand dollar lawsuit or something?

    Your remedy for a mistake on their end (or something that is not as described) is a full refund. Beyond that, you are just using that as leverage to negotiate

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