Australian Store Bait and Switch

HoneyComb on 08/10/2015 - 18:28

This online store is a well known Australian store that is Often featured on Ozbargain. I am going to refrain from naming this store at the moment. Ebay was not involved in this sale. I bought it from the stores website.

Bought Product 1 from Online store. Store sent me a different product. Product 2 Is similar to product 1 however Product 1 is the more superior product. The product brands are different too but their function is similar. The product I ordered was the superior one.

Product 1 was $90 more expensive than product 2.

Product 1 was $145
Product 2 was $55

I did not know anything until I opened my package and saw they Replaced my product with the cheaper one. It wasn't even the same brand.

Upon checking their website. The product I ordered was now Sold Out and You cannot click Add to cart Anymore. I figured out on my own that they ran out of stock for Product 1. Sent me Product 2 instead. They did this without Notifying me of the situation. No email, No call, No SMS message. I supplied them with the correct phone number and I checked my email. Nothing from them.

Anyway I sent them an email. I also told them I was unhappy that they did not notify me of the situation or ask if I wanted product 2.

I told them I would like to Keep Product 2 because it works and It was similar to the one I ordered except it has less features and I would like a refund of the $90 difference.

The store replied saying that they wanted me to return product 2 and I will get a full refund of the $145. This is not what I want. I only want a refund of the price difference but store is being difficult. Saying they will only refund monies once they received product 2 back.

I find what the store did highly unethical. It is well known Australian store.

What can i do? Is there a way I can get the $90 difference back? I did not pay by credit card so I cannot do a credit card chargeback.

If it was only a $5 difference. I would not worry about chasing this up but a $90 difference between the products is significant enough to pursue this.

General Discussion

Comments

  • AMLagonda on 08/10/2015 - 18:49
    +1

    You have 2 options:

    1: Read the comments from all the internet lawyers here.

    2: Send the item back.

    You can't win with common sense.

  • ozhunter on 08/10/2015 - 18:56
    +3

    It would be nice if they just gave you the $90 back, but I guess it's store policy is to just return the incorrect item and get full refund.

    I wouldn't call it bait and switch. They may have accidentally sent you product 2; can't be sure if it was deliberate, but I doubt they do it deliberately as very likely the customer would want the item they purchased. No reason to create problems/more hassle for no reason.

    • mmd on 09/10/2015 - 00:22
      +1

      +1
      One thing you have to consider is that the online store might be a separate entity to the brick and mortar store.
      Yes, it is the same name and same logo. But the brick and mortar store might not be able to sell product 1 at $145, because the computer won't let them override the price.

      well known Australian store that is Often featured on Ozbargain.

      I'm going to hazard a guess and assume it is Dick Smith.
      If it is, just wait for a sale tomorrow or next week :)

      If it was the other way around (i.e. Ordered product 2 for $55, but received product 1 ($145) instead), I wonder if anyone would make some noise about it…? or just keep quiet? I would keep quiet.

  • eatwell365 on 08/10/2015 - 19:05
    +1

    Happened to me when a demo item was sent as new. Called customer service few times by phone and was told to return and get refund. Made complaint in writing from email address obtained from customer service, had just pm you the letter I sent for your reference, Got partial refund as store credit. It was one of the big department stores with great customer service, not sure if it works on those franchising business.

  • tomleonhart on 08/10/2015 - 20:08
    +5

    Send the item back.
    Get full refund.
    Shop somewhere else.

  • bobbified on 08/10/2015 - 21:05
    +1

    If they're a regular store here, I think you should name them. It's not necessarily to shame them - it gives them an opportunity to show us that they sort these kinds of things out and it could, in turn, be beneficial to their reputation.

  • ravenit on 08/10/2015 - 21:36
    +1

    yeh tell us the store, may be a better outcome for you. Make them pay for postage back to them aswell so your not out of pocket

  • GnarlyKnuckles on 08/10/2015 - 22:35
    +3

    "Is there a way I can get the $90 difference back?"

    Yes. Return the product for the full refund they are offering, then buy the cheaper product using some of your refund.

  • Ughhh on 09/10/2015 - 00:28
    +2

    Imo, this doesn't fall under the "bait and switch" umbrella, just a mistake and the system doesn't allow staff to change things easily. Your reaction is what I would expect if they refused to refund you, but that's not the case, they're offering to refund you…

  • quebeck on 09/10/2015 - 00:42

    Have a look at the consumer affairs website. I recall reading something about postage costs, something like if you paid for postage, then if you need to return it then they have the pay the postage back. Or I could be mistaken.

    If you can find it, email them the relevant bit from the consumer affairs website, and ask them to send you a reply paid parcel bag with tracking option. Only then send it back to them. If they don't comply, then escalate it and CC consumer affairs. I think there's big fines for business's if they aren't complying.

    You shouldn't have to be inconvenienced by their mistake.

    That's what I would do.

  • Geewhizz on 09/10/2015 - 07:20

    Are you able to get to the store to repurchase item B for the $55?

  • King Bee on 09/10/2015 - 10:52

    I'm curious to know what are Products 1 and 2. The suspense is killing me!

  • mskeggs on 09/10/2015 - 18:25
    +1

    As others have said, this is not bait and switch.
    They made an error and have offered a refund. Why do you think this is unethical?

  • [Deactivated] on 25/10/2015 - 10:05
    +1

    How do they know they sent you product 2 if all their records say they sent you product 1?
    What if you're lying & actually received product 1, and you're trying to scam them out of $90?

    Lets assume you're not lying … send it back, get your refund, then order product 2 again & save yourself the $90.

  • SirFlibbled on 27/10/2015 - 11:48

    Businesses can work in weird ways sometimes. I once ordered two tee shirts (3XL) and received XS instead. I emailed them to complain (their website still had them in stock). I just wanted them to swap the shirts for the right size.

    They refused, and would only refund on return. Never did rebuy those shirts.

  • Spending2Much on 27/10/2015 - 14:55

    Odd how Op never came back and followed up anything to this…….

    Seems a crock of …

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