need some consumer advice

[roman]

I recently bought some expensive building products that come with a good reputation. I have not used them before but thought they might be worth the extra expense and obtained them with a modest discount. They were delivered to me on Thursday (I signed for the delivery) and I began to use them today.

I have been alerted to the fact they are not the brand I thought I'd bought but a much cheaper sort, whose quality may or may not be as good (I suspect the latter). It seems likely that the seller (a generally reputable store) prints out the receipt for the good year and passes off the gear as the better stuff while making a tidy profit on the difference. I was quite frank at the time of purchase, admitting I was unfamiliar with the product and I guess easily fooled.

Does anyone know my rights in this matter or know the best way to proceed?

I've considered a confrontation with the seller at the earliest opportunity (Monday), or to contact the manufacturer of the good stuff who might be interested to know his reputation is being exploited in this way. Or should I go to citizens advice bureau or similar?

I'd like a quick resolution without cocking things up so any advice would be appreciated. I'm wondering to what extent I've compromised my position by signing for the goods and have begun to use them?

Roman

 

[richardg]

Are you saying they have misrepresented the product?

 

[KC Cantiaci]

I believe the first call is to go back to the seller, explain what's happened and see what their reaction/solution to the problem is. If they do not act appropriately, then I'd return the goods, get a full refund and go somewhere else. If they do anything other than deal with the situation professionally, then I'd consider a complaint to their head office, ombudsmen and citizens advice etc. but give them the opportunity to deal with it first.

I recently ordered a new shower bath with shower screen. It arrived promptly but when I unpacked it, it was a different size to the one I ordered, a different brand and with different instructions due to it being a different bath than the one advertised on the website. I phoned them and the upshot was they had allegedly changed supplier but hadn't updated their website (which I doubted as they still have incorrect details on their site now some 8 weeks later). They offered a discount if I kept it or a refund and return of the bath. I was under some time constraints so took the discount. I could kick off and go mad because they were wasting my time but it wouldn't have achieved anything.... it never does. It just means I'm unlikely to use them again as I don't trust their advertising.

 

[Cav]

In the UK, if what has been delivered is not what you ordered, then you can reject the goods and get your money back or ask for the proper goods to be supplied.

You should firstly contact the vendor to express your concerns. It might be a simple error; it might be that what was delivered is indeed what you ordered; it might be that whoever "alerted" you is mistaken. There might be many scenarios.

 

[pcutter1]

First question: Did you order X units of ABC brand products, that is, did your order specifically state the brand you wanted?
Second: Did the merchant supply you with X units of a brand other than ABC?

If they supplied you with a brand other than the one you specified then that is breach of contract, a civil matter, separate from any criminal offence, and you are entitled to claim a refund and any damages that may arise, i.e. the cost of knocking down the wall you built using unbranded materials rather than the branded materials.

If the answer to both the above is YES then the supplier has committed a criminal offence under the Trades Description Act (1), if the value (price) of the substituted goods is lower than the value of the specific goods you ordered then they have committed the criminal offence of obtaining a pecuniary advantage by deception(2). That's fraud.
Note that both these cases are Criminal offences and your complaint can be dealt with by the Trading Standards department of your local council (1) and police (2).
This is your ultimate weapon in any dispute of this nature.

I presume that the Brand marks its products clearly so that you. or any other user, can see what you have bought, this will in most cases be something the brand wishes to be conspicuous (see Belkin's packaging and cables). IF they don't and there is nothing to distinguish the branded product from the unbranded product then the problem arises that you (the TS Dpt.) must be able to prove in some way that the products are different, the most common form of difference being the quality of the product, establishing this will involve some form of testing, i.e. the genuine article has grade 6 stainless steel fittings and the fake has ordinary steel. If this is what is happening then the offence of Passing Off has been committed, again this is a matter that should be dealt with by the Trading Standards Dpt. In this case though they have the power to seize and destroy the fake goods.

Remember all the above when first approaching the seller.

How did you deal with the seller, in person, in writing or by phone? How will you be dealing with them? If you are dealing with them in writing then you have copies of any orders and obviously delivery notes, invoices and order confirmations. If by phone then things get a little more tricky, did anyone witness your conversation, i.e. was there someone else there when you said "I want X units of Brand Y product Z".
You should deal with the seller in writing, even if you speak to them in person or by phone, follow up your conversation with a written contact.
When writing to the seller ensure that you put at the top of the page: E & O E, this means Errors and Omissions Excepted, and means that seller cannot later mount a defence based on the misspelling of a word or that you said you ordered on the 16th and did so on the 15th, apart from anything else it indicates to the seller that you are aware of the legal stuff.
In some letters it is also wise to include the phrase "without prejudice" either at the top of the page or at an applicable point in the letter, i.e. I will accept a repair without prejudice. Basically this means that their actions cannot override your rights.

Your first approach to the seller and point out your concerns and find out what they say, if their reply is unsatisfactory then you need to escalate the matter by taking it to the relevant authority, make sure that the seller is aware of this, most don't want the trouble.

Most brands have their own websites and this will give you the contact details if you need to inform them of your problems, most well known brands treat their reputation jealously and will take action against anyone who undermines it. Having said that a lot depends on the relative size of the Manufacturer and the merchant. Farmer Ted is unlikely to get far when taking on Tesco, Levi's on the other hand...

Many specialist manufacturing fields have trade bodies who act on behalf of their members, find out if Brand x is a member of one.

 

[roman]

Thank you, very helpful replies and interesting reading.

I bought the goods in person, the seller made a great play of how good the product is and that it is cheaper than its nearest competitor. I will check with the manufacturer but it it is clear to me there is a colour difference and the real gear has the manufacturers name printed on it as suggested. It's obvious now when I look at the catalogue pictures.

I'll report back if I make any progress.

 

[Rodrat]

Did you pay by credit card and over £100? If so, inform them you are in dispute with the retailer.