UK store has sales of selected products every so often. My wife and I have tried for a few years to purchase a reusable advent calendar in store as they become available however have never succeeded as they sell out very quickly. This year my wife found the product for sale on their website and quickly purchased two (one for her, one for me). When the order was delivered we had two totally different advent calendars. My wife has called customer services who have stated that the products should not have been sold online, should have been an in store sale item only, and that she should have had an email explaining this and that the two replacement calendars should not have been sent out.

Since my wife did not get a notification email and these calendars were sent out, we assume human error has been compounded onto human error (product incorrectly listed online, someone didn’t send an email and someone sent different products in the order).

The company is refusing to send us the products we ordered, stating we need to go in store and buy them there, if there’s any available.

Is this our only option? What arguments can we make to the store to deliver the products ordered?

1 Answer 1


You had bought product A. That constitutes you offering the seller a contract for you to get product A for your money.

They keep the money and send product B - and now are in breach of the contract, as that is materially different from the contract both agreed to.

Legal recourse is, depending on the customer protection laws, a refund of the payments or getting the correct product A. If you have a right for the Product A depends on exactly how it was advertized and the exact ToS.

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