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purchased item not the same as advertised

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  • 15-12-2012 8:34pm
    #1
    LowOdour
    Registered Users Posts: 2,561 ✭✭✭


    I purchased a laptop from a major electronics/applience shop, based on an advertisement that have in local and national newspapers. the cpu spec of the laptop is different to that advertised. I spotted this at the counter, and when I asked the salea assistant he said it was probably a mistake with the advertisement. as they were low on stock, I said id purchase it but would bring it back if I wasn't happy with the spec. I am not happy with what I got, and raised the issue with their customer support who said that the laptop advertised was out of stock for a while so the one I got is what is left. the guy said he would mention it to the advertising department on monday morning

    So, I have been knownly been sold an item that not did not match what was advertised. the item has apparently been out of stock for a while and they continue to advertise it...so people who may not be as tech savvy as me might well have been sold something worth less than than they paid for.

    is there anything I can do in this instance. has actually purchasing the item prevented me from doing anything about it?


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    #2
    whippet
    Registered Users Posts: 7,690 ✭✭✭whippet


    Once you agreed to buy the machine you agreed to the spec etc. in this case you have no entitlement to any redress. The advertisement was only an invitation to treat, the purchase was totally independent to the advert and when you changed your mind it was too late


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    #3
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    LowOdour wrote: »
    I purchased a laptop from a major electronics/applience shop, based on an advertisement that have in local and national newspapers. the cpu spec of the laptop is different to that advertised. I spotted this at the counter, and when I asked the salea assistant he said it was probably a mistake with the advertisement. as they were low on stock, I said id purchase it but would bring it back if I wasn't happy with the spec. I am not happy with what I got, and raised the issue with their customer support who said that the laptop advertised was out of stock for a while so the one I got is what is left. the guy said he would mention it to the advertising department on monday morning

    So, I have been knownly been sold an item that not did not match what was advertised. the item has apparently been out of stock for a while and they continue to advertise it...so people who may not be as tech savvy as me might well have been sold something worth less than than they paid for.

    is there anything I can do in this instance. has actually purchasing the item prevented me from doing anything about it?

    The first bit is correct. You bought a laptop knowing it was not the one advertised.So you weren't mis-sold


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    #4
    skinny90
    Registered Users Posts: 2,477 ✭✭✭skinny90


    Rhea Scarce Seasickness wrote: »

    The first bit is correct. You bought a laptop knowing it was not the one advertised.So you weren't mis-sold
    What was te laptop ie the model code and what the advertisement state


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    #5
    LowOdour
    Registered Users Posts: 2,561 ✭✭✭LowOdour


    yeah, figured as much that I couldn't do much about it. oh well.

    but if i didn't know about the spec and purchased unknowingly an item that wasn't what I thought it was, would I have any case. I'm genuinely interested to see how items can be sold that may not actually be what the customer thought it was


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    #6
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    LowOdour wrote: »
    yeah, figured as much that I couldn't do much about it. oh well.

    but if i didn't know about the spec and purchased unknowingly an item that wasn't what I thought it was, would I have any case. I'm genuinely interested to see how items can be sold that may not actually be what the customer thought it was

    Sorry to be blunt but its irrelevant.
    YOu knew what you were buying.
    If the box had said differently to the contents you'd have a case but it didint and you knew it wasnt the one advertised ...and you bought it


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    #7
    LowOdour
    Registered Users Posts: 2,561 ✭✭✭LowOdour


    Rhea Scarce Seasickness wrote: »

    Sorry to be blunt but its irrelevant.
    YOu knew what you were buying.
    If the box had said differently to the contents you'd have a case but it didint and you knew it wasnt the one advertised ...and you bought it
    I just said that I knew I didn't have any comeback. what I asked is how would this affect me if I hadn't checked the box.

    take a set of parents buying there child buying the laptop for xmas. they know nothing about technology but see this deal slap bang on the front of the brochure with Mega Deal written on it. they buy it, not knowing what they have bought is not what was advertised. where do they stand?


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    #8
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    OP stated at POS that he would take the item and return it if he wasn't happy. Notwithstanding how difficult to prove that would be; he's totally within his rights to return it.


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    #9
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Procrastastudy wrote: »
    OP stated at POS that he would take the item and return it if he wasn't happy. Notwithstanding how difficult to prove that would be; he's totally within his rights to return it.
    Good point.
    LowOdour wrote: »
    I just said that I knew I didn't have any comeback. what I asked is how would this affect me if I hadn't checked the box.

    take a set of parents buying there child buying the laptop for xmas. they know nothing about technology but see this deal slap bang on the front of the brochure with Mega Deal written on it. they buy it, not knowing what they have bought is not what was advertised. where do they stand?
    I think that would fall under misrepresentation. That would make to contract of purchase voidable.


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