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Misrepresentation of goods

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  • Misrepresentation of goods

    A few days ago I did an on line search for wireless Tens machines. I found what I was looking for on a page headed Wireless Tens machines, had a word with live chat about claiming VAT exemption on this Wireless Tens Machine and was given an email address. When the items arrived they were not wireless at all. The company offered some stick on pads, no Tens machine or refund. My argument is that the item was clearly misrepresented yet I have to bear the cost of returning it. I am disabled on a small budget and this seems wrong. I have sent the company evidence of the way the machine was advertised.
    Tags: None

  • #2
    Re: Misrepresentation of goods

    What evidence have you supplied? Did you take a screenshot of the webpage that you saw, and is it still there now?

    What was the company you purchased from?

    Did you save the live chat claim? What was the purpose of asking about the VAT exemption, presumably because you are disabled? Did you say anything specific about the reason why you wanted the purchase the wireless tens machines?

    From what you have explained, there may be a case of misrepresentation but also a breach under the Consumer Rights Act where the goods did not match the description and/or not fit for purpose.

    When did you purchase the goods, has it been over 30 days since it has been delivered?
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    • #3
      Re: Misrepresentation of goods

      Sent a screenshot yesterday and had previously mentioned the chat although it's all part of customer services. The company is CurrentBody. I received the goods on Thursday 2 March, I am disabled which is why I queried the VAT. The page is still there the machine I have is the Touch Tens and comes under the page heading of "Search results for Wireless Tens Machines"

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      • #4
        Re: Misrepresentation of goods

        Can you explain step by step how you got to this web page, when you clicked on the link t the Current Body website, did any part of that page mention (or in the description) the word wireless, or did the word wireless come up on the online search prior to taking you to the website?

        Depending on your answer, depends on whether or not you may have a claim for misrepresentation or whether you'd struggle to prove it.

        I can't seem to find this "Wireless tens machine" on Current Body website when I do a search or even on google.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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        • #5
          Re: Misrepresentation of goods

          I have just gone into Google typed in current body and www.currentbody.com/March-Sale comes up.clicked on that and Health and Beauty appears with website address below. There is an option for phone, search or basket so I entered Wireless Tens Machines in the search.

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          • #6
            Re: Misrepresentation of goods

            Initially I just typed wireless tens machines into Google and this was one of the websites that came up. I went into their website and again typed wireless Tens Machines and I have a screenshot of the page. I spoke to customers services on chat and then on phone both times stating I was purchasing a wireless machine, giving the name and price and was not informed it wasn't wireless.

            Comment


            • #7
              Re: Misrepresentation of goods

              I don't think it's misrepresentation. The search on most websites is a blunt instrument, therefore typing "wireless tens machine" brings up all tens machines, it's an and/or rather than a specific search for all terms.

              When you you click on the actual product description, presumably it makes no reference to it being wireless?
              Attached Files
              Last edited by Arcadian; 4th March 2017, 15:11:PM. Reason: Predictive text errors!

              Comment


              • #8
                Re: Misrepresentation of goods

                I went by the fact that it appears on the page headed Wireless Tens machines

                Comment


                • #9
                  Re: Misrepresentation of goods

                  The fact that they failed to correct you when you referred to buying a wireless machine is a little more difficult to work out though. I would think it might come down to exactly what was said in the chat.

                  Can they offer a free post deal on you returning the machine that's not suitable, if you paid the extra for a machine from them that is suitable? That would seem to be a reasonable compromise from both sides.

                  - - - Updated - - -

                  Originally posted by Elle5 View Post
                  I went by the fact that it appears on the page headed Wireless Tens machines
                  I can't find that page.

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                  • #10
                    Re: Misrepresentation of goods

                    I think I would have to agree with Arcadian, there doesn't appear to be a misrepresentation in this case. You said it was the Touch Tens machine, the one below?



                    I'm not an expert on doing online searches especially through google but when you search for something, as I understand it, the search will generally find searches based on the keywords that you use and unless you use special parameters, it won't search the exact keywords you have entered. So when you typed in "wireless tens machine" into the Current Body website, it was likely search for any products that were linked to "wireless", "tens" or "machine" or a combination of them.

                    So some products that show up in the search results may not necessarily be a wireless product or a Tens machine. For example, when I typed in "wireless tens machine" in the Current Body website, the search results revealed Beurer Small Electrodes pack for a Beurer Tens machine.

                    Unless the person you spoke to confirmed that the Tens machine you purchased was in fact wireless, you might struggle to prove a misrepresentation took place. Even still, there's quite a bit of a description about the machine itself and any reasonable person would have likely read the information before they purchased the product, and if in doubt, would have made further inquiries.

                    Probably not what you want to hear, but your chance of success is likely to be slim to none.
                    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                    Comment


                    • #11
                      Re: Misrepresentation of goods

                      I just took at face value that when a page was headed wireless Tens machines the items would in fact be wireless tens machines. It not so much postage as the fact that I can't get to the Post Office, this is why I use the Internet as I can't drive because of my medical condition and can only walk a few metres.

                      Comment


                      • #12
                        Re: Misrepresentation of goods

                        Originally posted by Elle5 View Post
                        I just took at face value that when a page was headed wireless Tens machines the items would in fact be wireless tens machines. It not so much postage as the fact that I can't get to the Post Office, this is why I use the Internet as I can't drive because of my medical condition and can only walk a few metres.
                        If you mean the heading like the one you can see in the screenshot that I created and posted above, the "heading" is created by what the user typed in to the box.
                        It isn't a category heading on their website indicating that it's a list of wireless tens machines, it's just a list of all of the products on their site that contain some of the search terms that you entered.

                        You can can book a parcel collection from your home if necessary using a service such as MyHermes. It's not all that much more expensive that the post office would be for small items.

                        Comment

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