Brighthouse issuing the wrong product

[PIKEO]

Hello my legal beagles, I have a problem with my recent purchase at Brighthouse, on Tuesday gone I went through to my local brighthouse store and spoke to a sales assistant about the Apple IPad Pro which was advertised as a bundle with a Apple Keyboard and Apple Pencil, I signed the agreement and was told it would be delivered to the store later in the week and I will receive a call letting me know when to pick it up. As I spoke to the sales assistant I stressed that the main reason I had chose this product was because it came with this bundle as I’m a professional illustrator and without the keyboard or pencil then this is not a viable purchase for me. So yesterday I took the call saying it was ready to collect, excited to pick up the item my family and I went to the store only to find out that once the store sales assistant opened the box to check everything was in order, we discovered that the IPad did not come with a compatible Keyboard and with no pencil. The sales assistant was confused and checked on the system to see why this was the case, she told me that the website had changed since after I had signed the agreement and it now stated on the website that it did not come with the pencil and just with the Keyboard. I then discussed that this is no good to me without the pencil and that the Keyboard was not even compatible with the IPad, the sales assistant agreed with my statement but the manager was not in work and would pass this on to him to see what could be resolved.
So this morning at around 9am I called the store to speak with the manager, he was aware of the issue and told me that he was unsure of what he could do to resolve this problem, he said he was deeply sorry that this has happened and I could return the product and cancel the agreement, I told him I would rather do a work around either for them to supply the correct items or have the cost of these items taking off the cost of the agreement. He told me that he would take this further and call me later today. I had not heard anything from the store so I decided to give them a call at 4pm to see if anything had been resolved, I was told the manager had gone home and had passed on a message that he had been in contact with his superiors and had been told that the only option was to return the product or keep it as it is. As you can understand I am not best pleased with this response and I plan to either phone the store in the morning or go through and see the manager if available. I had a good read through the agreement contract and came across this paragraph;

STATUTORY RIGHTS WHERE YOU ARE A CONSUMER

“Consumer” means an individual acting for purposes that are wholly or mainly outside that individuals trade, business, craft or profession. If you enter into this agreement as a consumer, then nothing in this agreement is intended to limit the rights given to you by statue. These include those in part 1 of the consumer rights act 2015. This act places obligations on us relating to our right to sell the goods (goods includes software), correspondence of the goods with their discription, samples, models and pre-contract information, the goods been of satisfactory quality and responsibley fit for the particular purpose, and the satisfactory carrying out of any service we provide under this agreement such as installation, and gives you rights on our breach of those obligations (rights to reject, to repair or replacement and to price reduction).

I would be grateful if you could advise and give me your professional opinion on this matter at your earliest convenience, many thanks for taking the time to read my thread and hope to hear from one of you soon,

kind regards

Paul

[des8]

As the goods were purchased by you for your business you will not be classed as a consumer and the contract will be governed by The sale of Goods Act 1979

There was a breach of sec 13 Sale by Description:
(1)Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.
and your remedies include as per sec 35A the right of partial rejection:

1)If the buyer—

(a)has the right to reject the goods by reason of a breach on the part of the seller that affects some or all of them, but
(b)accepts some of the goods, including, where there are any goods unaffected by the breach, all such goods,
he does not by accepting them lose his right to reject the rest.

Also a court could order specific performance I.e. order Brighthouse to supply what was agreed (sec 52)

So go back to Brighthouse and tell them what you want (in writing)

[PIKEO]

Thank you so much for replying DES8, I appreciate your time and support, I have since spoken to the store manager over the phone and told him that I need these items that were sold to me, he went on to tell me that their supplier had changed the bundle and could not see any ability of getting them for me, he continued to offer me £70 in compensation and advised me that I could purchase the ipencil from Argos. I told him that this is nowhere near acceptable for me as the total cost of the items to buy would be in excess of £300, he told me that he would try and escalate this further and is deeply sorry that I have had this inconvenience with the purchase, I am expecting a phone call on the 2nd of January from him so we can speak further after he has had more time to seek a resolve. I will also take your advice and write a letter explaining what my expectations are, I think I might also add a timescale of how long that this should be done within.

Many thanks once again DES8 and I will be sure to keep you updated on the progress of my dealings with this issue, we wish you and your family a wonderful Christmas

best regards

Paul