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Misleading claims

Misleading Claims

If a retailer makes misleading claims about delivery charges, a consumer has additional rights.  This will involve situations where the charge for delivery is higher than the amount indicated to the buyer before purchase.  In such situations, the buyer may have a right to compensation which is significantly higher than merely the difference between the indicated and the actual delivery charge.


Example 2


False claims about delivery charges

A consumer who lives in the north-west of mainland Scotland buys a new TV for £550 from the website www.televisions456.com.  He carefully checks through the site for any exceptions to the banner claim “free UK Mainland delivery on sales over £500” and finds none.  The TV is delivered a few days later.  When he checks his bank account he realises that £599 has been debited.  He queries this with Televisions456 and is told the £49 extra is a delivery charge to his “non-mainland” address.

Consumer Rights

Consumer has right to receive the goods for payment of £550, or to cancel the purchase.

What can the consumer do?
  • Claim for refund of £49 under the terms of the contract, OR
  • Claim a reduction in price, which will be at least 25% (i.e. refund of £150) as long as the misleading information is seen as “more than minor” in relation to the sale, OR
  • Cancel the contract, receive a full refund and require the seller to pay for the uplift of the TV, AND/OR
  • Report the matter to Trading Standards