Supplier advertised 48 port PoE switch, delivered 48 port non-PoE switch

[17ND]

I recently bought a Ubiquiti Unifi 48 port PoE switch from CCL Online, through one of their eBay adverts.  When the switch finally arrived, it turned out not to be PoE.

 

I called them explaining this, and they said they would speak to the supplier.  They did and asked me to send photos of the box, and the serial number.

 

They then came back and said there was an issue, as this isn't a PoE switch.  (A PoE switch is Power over Ethernet and allows you to supply network and power on one cable to power and use say, a VoIP phone.)  It went back and forth a little, with them asking me to return the switch and me saying I didn't want to, as I wanted a replacement switch which under the Sale of Goods Act (1979) we had a contract to supply and pay for.

 

The supplier has said they cannot supply a PoE switch for the price I paid.

 

I'd like to know what my rights are and can they be held to their contract please?

 

Thanks in advance.

[BankFodder]

Are you a business or consumer? If you're a consumer then it's not the sale of goods act – it is the consumer rights act.

In principle you are correct but your best starting point anyway would be to return the switch, get a refund so that at least you have their switch out of the way and then you can understand what it might cost you to source the correct item elsewhere.

How much are we talking about here? What price you pay and what would you have to pay to get the correct item?

[17ND]

Ah, apologies, you are quite right.  This is a B2C purchase, I am a consumer.

 

There is about a £400 difference.  I paid just under £600 and need to pay near £1,000 for a PoE switch.

[BankFodder]

Okay well this is worth pursuing then.

As I suggested, my advice is to return the item so that you have a clearer situation. Return the item for a refund – make it clear that you don't accept their position and you want an immediate refund and that you are considering your position in terms of a legal action.

Then get two quotes for the purchase of the same item from independent sources.

You can then send them the quotes and invite them to sell you the item that you paid for for the original agreed price – and if they won't then you will sue them for the difference – which will be about £400.

At least then you reduce the problem to £400 which means that your court fees will be less and at the end of the day they may be more likely to put their hands up.

 

[17ND]

Thank you, I will do that.  I'll keep you posted.

 

Thanks for the advice.

[BankFodder]

When you return it, make sure that you explain to them that it doesn't fit its description and is in breach of that provision in the consumer rights act