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Product delivered with less items that was described online

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  • Product delivered with less items that was described online

    Recently bought a drone from Scan.co.uk for a very good price, which was advertised as including extra batteries etc.

    "Included with the Mavic Air is a special bundle, with the following: 3 Intelligent Flight Batteries to keep you going longer; 6 Propellers; a battery charging hub; power bank adaptor and a travel bag."

    But on delivery these items are not included. Only the basic package (1 battery, no charging hub etc).

    Does the company have to honour the description and provide the extra items? Or will they just offer a refund?
    Tags: None

  • #2
    Morning,

    do do you have a screenshot or print out of the advertisement on the website? If not I would suggest you print out the page immediately otherwise you could have trouble making a valid claim. Equally if there is anything on your invoice which confirms what you are saying that would be useful also.

    If the description doesnít match what was sent to you, then there might be several causes of action available, including misrepresentation (negligent or innocent) as well as breach of contract under Section 11 of the Consumer Rights Act 2015. This section is implied into any consumer contract and says that where a description is attached to the goods, then that description becomes a term of the contract and the goods supplier must match that description.

    what stage are you currently at? Have you contacted them already because if so and you donít have a copy of the advertisement, then they may have amended the description.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

    Comment


    • #3
      Did you buy it off the scan website or via Amazon etc ? ( just as there was an 'offer' on Amazon for the same from scan about £200 cheaper which doesn't seem to include the extra pack of bits - eg if you found the good price via hotukdeals etc
      - if it was off the scan website the advert listing is quite clear it is included in the purchase but it doesn't seem to be included in the amazon listing )



      Have you contacted the company - they may send the 'special bundle' part separately to the main unit so it may be on its way or delayed ? ( in which case they should really have let you know )

      This one?
      Attached Files
      Common Sense .... if in doubt, use it !

      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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      Comment


      • #4
        Many thanks for the replies - much appreciated! I'm currently in work so havent been able to contact them as yet.. I took screenshots at time of ordering, you can see them by following the below link (was unable to attach the images her for some reason:

        https://www.hotukdeals.com/discussio...me-red-2940808

        Comment


        • #5
          The scan link is still valid, but it's now showing as 'Call for price':

          https://www.scan.co.uk/products/dji-...me-flame-red-r

          Comment


          • #6
            Assuming you bought the drone in your capacity as an individual, then they would be in breach of contract under the Consumer Rights Act 2015. Section 11 relates to goods which must be as described and judging from the link, it does say further down that the bundle is included.

            This might simply be a mistake on Scan's part so perhaps rather than going in all guns blazing, you might want to try the nice approach and tell them that you've received the drone but it did not include the additional equipment as part of the special bundle. Provide them the link of the product and ask them to look into this and arrange for the bundle to be sent out to you and confirm that when this has been done.

            If they refused, then you should be entitled to the cost of purchasing the extras elsewhere, provided those costs are reasonable. But you might end up going to court over it if they drag their heels in, or they may offer you a refund (and if you accept this, then make sure they pay costs of return).
            DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

            Comment


            • #7
              It does look like it's included, but then that text is just the same as the non-refurb one, so could be the refurb one doesn't come with the extra pack and they've cocked up the listing with copy and paste.... HOWEVER they advertise it as such on there, and you bought it because it had the extra bits, so it should come with it. I'd do as Rob says and give them a nice ' it's arrived but x,y,z is missing' call first, see what they say and take it from there.
              Common Sense .... if in doubt, use it !

              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #8
                Cheers guys, will keep you updated!

                Comment


                • #9
                  Called today the gentleman was very nice, photos of the product have been emailed across, now they're going to contact the supplier and come back to me. Before I called, I noticed written on the delivery box is 'Mavic Air Flame Red Fly More Combo' which again confirms it should come with the additional items. I'm keeping my fingers crossed!

                  Comment


                  • #10
                    Hopefully you will be able to get this resolved swiftly - keep us updated.
                    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

                    Comment


                    • #11
                      Had the following email today:

                      Sorry we have had a response from our suppliers and it appears that the refurbished model does not come with the bundle that has the 2 extra batteries and the charging hub.

                      As per our description in the specification part of the website. We are therefore unable to send the batteries and hub.

                      We are able to return the drone for a refund if you choose to reject the product as it is.

                      Comment


                      • #12
                        As per our description in the specification part of the website
                        Do you know what they mean by the "specification part"?

                        I understand that they have gone to their supplier for this but unfortunately I think that is irrelevant because your contract isn't with their supplier it's with Scan. As Ame said above, if they decided to do a copy and paste job without actually qualifying that the refurbished model doesn't come with the special combo bundle, that's their problem. Just because the model is refurbished doesn't mean that the combo wouldn't be included.

                        What are you wanting to do?
                        DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

                        Comment


                        • #13
                          I fully believe that they should supply what they clearly offered, plus i've now registered the drone, flown it etc so a refund / return isn't really an option for me.

                          The 'specification' is placed on a separate page to the main description and states the following:

                          Includes:
                          • Battery
                          • Charger
                          • Gimbal
                          • Remote Controller
                          For one, that isn't even accurate because what I received had a carry case, extra propellers, extra cables, extra controll sticks, a prop guard. Secondly, as a drone lover, I didn't even click on the specifications page because I know in depth the specifications of a Mavic Air.

                          How do I now approach this? I assume keeping everything in writing is now priority..

                          Comment


                          • #14
                            Click image for larger version  Name:	DJI Mavic Air Drone with 4K Camera  Black  LN87346   CP PT 00000128 01   SCAN UK.png Views:	1 Size:	28.9 KB ID:	1405248

                            I assume its the specifications tab as shown on the image above? If that's the case, then your argument is why would you look at the specifications page when it is clearly described on the overview page of what's included and as you say, if your knowledge on drone specifications is good, you wouldn't have a need to check the specs.

                            If you want to pursue this then yes, you should keep everything in writing, email if possible so you can keep track of the paper trail. Next steps is to respond to Scan and explain to them the reasons why you purchased the drone and put some emphasis on the fact that it clearly describes on the product overview page that the inclusion of a "Special Combo Bundle" which influenced your decision to purchase the drone. You should also make reference to Section 11 of the Consumer Rights Act 2015 and that they are in breach of contract (which by the way when I click on the link now, they have now removed reference to a Special Combo Bundle, shock!).

                            Have a stab at writing something and if you want some feedback post up your draft on here. Try not to be too aggressive in your letter but you may want to use phrases like "I am disappointed with ..."
                            DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

                            Comment


                            • #15
                              Here's what I have Rob (not yet sent):

                              Hi,

                              I'm disappointed to hear that you'd be unwilling to send the items which clearly stated would be included with the drone, within the 'Product Overall'.

                              'Specifications' are often types of technical information relating to the item, and as an individual that has researched the mavic air for the last 4 months, I saw no reason for me to click 'Specifications'.

                              Your product description clearly stated the inclusion of a 'Special Combo Bundle' which influenced my decision in purchasing the product.

                              By not providing the items listed in my original email, you are breaching of contract (Section 11 of the Consumer Rights Act 2015).

                              I've also noticed that the product description on your website has since my email has changed. I'd like to make you aware that screenshots have already been taken at time of purchase.

                              I would like to receive the items as per our contract.

                              I look forward to hearing from you.

                              Adam Downey

                              Comment

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