Am I being protected by Competition and Consumer Act 2010 if I see a product that doesn't match its description

Lxavier11 on 24/03/2012 - 16:38
Last edited 24/03/2012 - 16:44

Hi everyone,

I just have a case scenario here that I'd like to discuss with you guys.

I've placed an order and paid for a LCD monitor model X100 priced $120, with a local online shop (let's call it ABC Electronics).

On the webpage, it claims that X100 has the following two features:
i) 2 USB sockets
ii) rotatable stand

But after I placed the order and paid, I found out that there's another monitor X500,$179 which shows exactly the same description and product images as those on the X100 page.

So I cross checked with two other online shops, XYZ and JLin. On both XYZ and JLins sites, X100 neither has the two USB sockets nor a rotatable stand. Also looking at the product images X100 doesn't look like X500 at all. It's just a very basic monitor.

The question:
As a consumer do I have the right to ask the vendor to send me a X500?
Or should I just cancel my order?

Refer to "Competition and Consumer Act 2010"
http://www.accc.gov.au/content/index.phtml/itemId/815335#h2_…

Thanks in advance.

General Discussion

Comments

  • rack on 24/03/2012 - 16:46

    If you ask the vendor prior to receiving your order then they'll just cancel it. If you ask them after to provide you the X500 as advertised then you'll have to go through the hassle of sending the goods back. Waiting for your refund etc etc.

    If the price difference is too high then there is no chance you will get the x500.

    • xavier11 on 24/03/2012 - 16:50

      Thanks rack. I just paid for the monitor today. ETA delivery is Friday 30 Mar so I havent received the goods yet. The price difference is $59.

      • rack on 24/03/2012 - 19:30

        then wait after you get the order. And make sure you take lotsa screenshots.

  • Paul Atreides on 25/03/2012 - 00:42

    your answers are in the link you provided.

    if what you claim is true, then yes, id definitely say that is it a breach of the ACL.

    make a formal compliant to them and keep a copy of that. if what they offer you doesn't satisfy you, forward it to the ACCC.

    thats what i would do.

  • Domingo on 25/03/2012 - 03:40

    It looks like the store has made a mistake. I don't think legal action is really on the cards here - if you explain the scenario to the store and want a refund, I'm sure you'll get it.

    I don't however think you are entitled to the higher model for the price of the lower model. The problem is probably that they pay bottom dollar for the staff that update the website (not uncommon these days). However that doesn't entitle you to cheaper than normal goods. I don't think the ACCC would or should do anything for a once off - If there are continual problems with the store then yes, but from the scenario you have described it doesn't look like they are intentionally misleading people.

  • Geewhizz on 25/03/2012 - 08:08
    +1

    You have the RIGHT to cancel your order, and nothing more, or alternately, to receive a refund when you receive it and it doesn't meet the description given, IF you want to stuff around waiting that long, and to have the inconvenience of having to return it.

    Take screen shots, for sure, then contact the retailer and tell them what you've discovered, and that the features offered on their page are the reason you purchased the X100 and attempt to negotiate a better price on the X500. If they're a half way decent retailer they will come to the party.

  • Cheeper on 26/03/2012 - 09:53

    If the product you receive does not have the features advertised then you are entitled to a refund.
    "not as advertised".

    You WILL need to have proof.. so have a screen capture of the page.

    **** You could save yourself a lot of stuffing around right now… call or email them to confirm the specs you suspect to be wrong. ***

Login or Join to leave a comment
Login Join