Incorrect specifications listed

peejay1986

I bought a TV a while back from Pixmania.co.uk (UK version of site as I'm living in UK at the moment). My old TV had packed in and with the World Cup coming up there were loads of special offers on TVs that I wasnted to take full advantage of. I'd searched loads of places and was torn between a TV in Currys or this on Pixmania.

The TV as on special offer and I thought that given the specs listed, it was a great deal. It was more expensive than the one in Currys but for the extra features I thought it'd be a sound investment for a few years - more future proof. I have attached a screenshot of the TV's page on the website. As you can see at the top of the page it lists some key features; 100Hz, Bluetooth, HDMIx4 - however when I got my TV I discovered that none of these features were actually on this TV.

I'd had the TV delivered on Friday afternoon and by the time I'd noticed the missing features it was past 5pm and the Pixmania offices were closed until Monday. I checked to make sure it was the model number I ordered and it was, so I no choice but to wait until Monday to contact customer services, which I did. I raised the issue with the representative who lodged the issue, telling me that someone would email me as well as informing the website department that the information was incorrect.

Heard nothing back so about 2 weeks later I contacted them again by phone. In this time the TV still had incorrect specifications on the website and was actually moved to the front page of the TV section under a new eye catching header. I complained once again about both matters and this time was contacted by email by another customer service. I was told to get in contact with Currys about the matter. I'm assuming they must own Pixmania or something.

Anyway, to cut an even longer story short - Pixmania, about 3 weeks ago offered me £20 Pixmania credit and a refund on the TV. My issue with this is that firstly my refunded money will not go as far it would on the date of my original purchase. The offers I was looking at are over and the Currys TV I considered is also gone. I would get a far less quality TV than I would've prior to the World Cup starting. Secondly, £20 Pixmania credit would barely cover the cost of postage on their website so is effectively useless to me.

I have contacted Trading Standards regarding this and have been told that I am entitled to a TV with the specifications that were advertised. Since raising this point to Pixmania they have stood firm on the refund offer but upped their 'credit gesture' to £30.

Am I being naive in thinking I have been wronged here? They say that I should have checked to ensure the specs listed on the website matched the model number of the TV. So I should automatically assume that their information is incorrect?!! I hate how companies can get away with this. I'd imagine many people were duped in to buying this TV as a result of their inflated description and shameless promotion of the TV. It's no as if the TV was listed for £1 and was clearly a misprice or site error.

Any advise on the matter would be greatly appreciated. I'm at a lose as to what to do next.

slimjimmc

Currency exchange rates go up and down every day. That's one of the risks you take when you buy any product in a foreign currency, sometimes you win, sometimes you lose. You're not entitled to any compensation for currency fluctuations.

You are indeed entitled to a TV with the specifications that were advertised, however the shop is entitled to offer you your money back, that is all the law requires. Pixmania have offered you your money back and a small gesture for your inconvenience so they don't need to do anything more.

You can continue to push them for the TV you ordered but at the end of the day they don't have to sell you anything if they offer you a refund. If you don't want the TV I suggest you take the refund and push for better vouchers.

axer

Does such a TV exist?

I think the problem you will have is how much do you sue for damages? As in how much compensation rights the wrong done? I don't think you will get a judge to force a sale so you need to calculate your compensation and the reason for it.

astrofool

You ordered that model of TV, the specs on the TV are listed incorrectly, I don't see how you can demand a model that meets those specs instead, especially if they are offering a refund, and a gratuity.

Yawns

All they have to do is offer you a refund. Once they have offered you a refund the game is over for you. They don't have to offer you another tv or offer credit for an apology. Yes it's a pain the backside that they advertised a different spec but once they offered a refund the line is drawn.

slimjimmc

axer wrote: »

Does such a TV exist?

I think the problem you will have is how much do you sue for damages? As in how much compensation rights the wrong done? I don't think you will get a judge to force a sale so you need to calculate your compensation and the reason for it.

What damages?

The company can't fulfill the order and are refunding the money paid. So long as the refund is at the same exchange rate as originally charged the OP isn't at any loss so any talk of suing for damages is ludicrous imo.

axer

slimjimmc wrote: »

What damages?

The company can't fulfill the order and are refunding the money paid. So long as the refund is at the same exchange rate as originally charged the OP isn't at any loss so any talk of suing for damages is ludicrous imo.

Breach of contract I.e not fulfilling the agreed contract.

I am asking the op this to show him or her that any claim there is is not going to be much more (if any more) than what is being offered. It is to get the op to think about what resolution he/she wants out of this other than pixmania selling the tv.

Kensington

peejay1986 wrote: »

I bought a TV a while back from Pixmania.co.uk (UK version of site as I'm living in UK at the moment). My old TV had packed in and with the World Cup coming up there were loads of special offers on TVs that I wasnted to take full advantage of. I'd searched loads of places and was torn between a TV in Currys or this on Pixmania.

The TV as on special offer and I thought that given the specs listed, it was a great deal. It was more expensive than the one in Currys but for the extra features I thought it'd be a sound investment for a few years - more future proof. I have attached a screenshot of the TV's page on the website. As you can see at the top of the page it lists some key features; 100Hz, Bluetooth, HDMIx4 - however when I got my TV I discovered that none of these features were actually on this TV.

I'd had the TV delivered on Friday afternoon and by the time I'd noticed the missing features it was past 5pm and the Pixmania offices were closed until Monday. I checked to make sure it was the model number I ordered and it was, so I no choice but to wait until Monday to contact customer services, which I did. I raised the issue with the representative who lodged the issue, telling me that someone would email me as well as informing the website department that the information was incorrect.

Heard nothing back so about 2 weeks later I contacted them again by phone. In this time the TV still had incorrect specifications on the website and was actually moved to the front page of the TV section under a new eye catching header. I complained once again about both matters and this time was contacted by email by another customer service. I was told to get in contact with Currys about the matter. I'm assuming they must own Pixmania or something.

Anyway, to cut an even longer story short - Pixmania, about 3 weeks ago offered me £20 Pixmania credit and a refund on the TV. My issue with this is that firstly my refunded money will not go as far it would on the date of my original purchase. The offers I was looking at are over and the Currys TV I considered is also gone. I would get a far less quality TV than I would've prior to the World Cup starting. Secondly, £20 Pixmania credit would barely cover the cost of postage on their website so is effectively useless to me.

I have contacted Trading Standards regarding this and have been told that I am entitled to a TV with the specifications that were advertised. Since raising this point to Pixmania they have stood firm on the refund offer but upped their 'credit gesture' to £30.

Am I being naive in thinking I have been wronged here? They say that I should have checked to ensure the specs listed on the website matched the model number of the TV. So I should automatically assume that their information is incorrect?!! I hate how companies can get away with this. I'd imagine many people were duped in to buying this TV as a result of their inflated description and shameless promotion of the TV. It's no as if the TV was listed for £1 and was clearly a misprice or site error.

Any advise on the matter would be greatly appreciated. I'm at a lose as to what to do next.

Advice? Take your refund, never do business with Pixmania again and hold out for the Christmas sales. If you're looking for compensation then you haven't a hope of getting anything.

In terms of consumer rights, the UK is pretty much the same as here. If something is missold to you, then you are entitled at the very least by law, to one option out of a full refund, a replacement for a unit that matches the advertised spec, or a repair (or modification to bring it up to spec - not really relevant here though). You don't necessarily get to choose which one either, so you can't demand they give you a TV with the specifications. The shop and yourself can also come to some other arrangement, but the above is what they must provide you with if no other agreement can be arrived at.

Once pixmania has given you one of those three options, their ass is covered and they don't have to do a tap more. It might be extremely irritating but all you can do is vow never to do business with the company again. They missold you a product, took it back and gave you a refund. Contract between you and them is null and void.

There's also little you can do about the incorrect advertising. If you report it to the UK equivalent of the ASA, Pixmania will in all likelihood just get a stern warning not to do it again. No opportunity for you to do anything here.

sunnysoutheast

Op - I think the seller is offering you a full refund and some compensation for your trouble, presumably their website has the standard E&OE clause. My advice would be to take their hand off and spend the money on a new TV which meets your requirements, at the rate at which TV prices are coming down you should be able to get a decent TV and you've had a free month's use out of it. When I was looking most of the "world cup" offers were on run-out models.

My second piece of advice would be to go to Richer Sounds.

SSE

peejay1986

sunnysoutheast wrote: »

My second piece of advice would be to go to Richer Sounds.

They were my first choice. They have a branch here in Chester, but unfortunately they were working out a lot more expensive than Pixmania/Currys.

Kensington wrote: »

Advice? Take your refund, never do business with Pixmania again and hold out for the Christmas sales. If you're looking for compensation then you haven't a hope of getting anything.

I wish I could, but sadly this is my only TV in the house, apart from a couple of 14" so I'll have to go out and buy another now. Not ideal.

---

In theory I would love to simply get a refund but the fact at the minute my money won't go as far as it would have when I originally bought the TV. I don't like how they can just get away with misleading their customers in to buying products from their website. The specifications listed appear to be from the next model up in the LG range.

At this stage I want to just draw a line under it and move on. I didn't make this purchase with the intention of conning Pixmania, I simply wanted the TV I thought I paid for. Not getting that I would expect to get some form of meaningful compensation to cover the inconvenience caused. Pixmania credit is useless to me as this experience has put me off them completely.

Thanks for you advise everyone

sunnysoutheast

peejay1986 wrote: »

They were my first choice. They have a branch here in Chester, but unfortunately they were working out a lot more expensive than Pixmania/Currys.



I wish I could, but sadly this is my only TV in the house, apart from a couple of 14" so I'll have to go out and buy another now. Not ideal.

---

In theory I would love to simply get a refund but the fact at the minute my money won't go as far as it would have when I originally bought the TV. I don't like how they can just get away with misleading their customers in to buying products from their website. The specifications listed appear to be from the next model up in the LG range.

At this stage I want to just draw a line under it and move on. I didn't make this purchase with the intention of conning Pixmania, I simply wanted the TV I thought I paid for. Not getting that I would expect to get some form of meaningful compensation to cover the inconvenience caused. Pixmania credit is useless to me as this experience has put me off them completely.

Thanks for you advise everyone

Have you worked out exactly how much you'd need the refund + ex gratia payment to be to put you exactly where you would be as if you hadn't bought the TV taking into account exchange rate fluctuations and credit card charges, and you could ask Pixmania for that?

BTW try the Liverpool Richer Sounds.

SSE

foggy_lad

the tv you bought was on special offer but just because the one delivered is not up to spec and pixmania offered to refund you it does not mean they have to refund you the full price of the tv you should have got. take your refund and credit and use the credit in curries or pixmania and never darken their door again!

peejay1986

foggy_lad wrote: »

the tv you bought was on special offer but just because the one delivered is not up to spec and pixmania offered to refund you it does not mean they have to refund you the full price of the tv you should have got. take your refund and credit and use the credit in curries or pixmania and never darken their door again!

I don't think you fully understood the issue I was raising. It was nothing to do with the special offer price. That's for the reply anyway though.