Ever received goods that haven’t matched their description? Here’s how we helped a member get a refund on a purchase made following an inaccurate advert.
Which? Legal member Stuart bought a VW Golf from EMG Motor Group of East Anglia and East Midlands for £28,350, but noticed on his test drive that there was no reversing camera, unlike what the advert stated.
EMG admitted the mistake and made a small discount.
Later on, Stuart found the lane-assist feature was also missing. When he tried to return the car, EMG said it was his duty to ensure advertised features were present, and refused him a refund.
Short-term right to reject
As he was within the first 30 days of taking possession of the car, we advised Stuart that he could rely upon the ‘short-term right to reject’, part of the Consumer Rights Act 2015.
EMG was in breach of contract because the car did not match its advert. Stuart had the original advert, which we advised him to rely upon to enforce his right to return the car.
We also advised him that EMG could not exclude or restrict his rights in this circumstance.
After a few weeks, EMG conceded, offering Stuart his refund.
Shifting the burden
Section 11 of the Consumer Rights Act 2015 states that goods must match their description. It’s a breach to supply goods missing advertised features.
A consumer’s rights under section 11 cannot be excluded or restricted, meaning EMG could not shift the burden on to Stuart to check that every aspect of its advert was accurate.
EMG told us:
“With hundreds of models and thousands of variants, on very rare occasions errors can occur. The customer was offered £750 then £1,500 to keep the car.
When he asked for an unrealistic £25,000 we accepted his rejection and three working days later arranged to collect the car and return his money.
We then found VW had facelifted the car so it didn’t have the items he was looking for”
Have you ever received goods before only to find they haven’t matched their description? Were you able to return them for a refund?
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