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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
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Could you advise whether the supplier of a product bought on

Customer Question

Could you advise whether the supplier of a product bought on the Amazon website which showed a photograph containing three items, but delivered only two, because the text below the photo described only two items, is in violation of any law or regulations?
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Did you receive a confirmation email, detailing your purchase and number of items bought?

Customer: replied 1 year ago.
Thank you Ben. At this stage I just want to know whether a law or regulations has been broken so that I can inform my discussions with the supplier
Customer: replied 1 year ago.
it confirmed two items rather than three, but I failed to notice that
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. Thank you for your request for a phone call. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Ben. No phone call needed. An email will be fine.
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. In these situations the overall description will be considered and what would include both the photo and the written description. It is not uncommon for sellers to include a photo of an item for sale which may also contain items that are not for sale. For example an advert for a mobile phone cover may include the mobile phone inside of the cover so you can tell what it looks like but you will not get the phone; an advert for a motorcycle cover may include a motorcycle in the photo but again you will not be getting the motorcycle. It is not necessary for the seller in these circumstances to specifically say in the description that you are not getting the extra items in the photo if it was clear that there were never for sale in the first place, i.e. in the title or general description, also based on the price. It is all about reasonable expectations and interpretations in the circumstances.

What the seller could be guilty of is the Unfair Terms in Consumer Contracts Regulations 1999 but only if they have been clearly misleading in the advertising or description. So if overall, the title description and photo made you believe that you were getting something which you did not end up getting, that could be unfair. But as mentioned it will depend on the overall advertisement and generally how obvious it was to a reasonable consumer.

Customer: replied 1 year ago.
Thanks Ben. I think, in view of your advice, I'll wait for their offer of a commercial settlement. It sounds as though we'd both face an ambiguous situation legally. Regards. Ian Drew
Expert:  Ben Jones replied 1 year ago.

in these situations it would often come down to a court to decide what was reasonably in the circumstances and one judge on one day ma not necessarily come to the same conclusion as another on a different day. So each side will be facing a certain degree of risk