An issue has cropped up recently and it made me wonder how much a company is responsible for the information it’s sales people give their customers. Situation:
During the Black Friday Sale at the Google Store, I called the store and spoke to a sales associate. I needed to buy a Google Nest Wifi system. I told her I wasn’t sure if I needed one or two access points. I specifically asked that if I bought 2 access points and only needed one, would i have to return everything or could i return just one. I asked because the sale was only for a few days and if I had to return and buy one access point, I wouldn’t be able to get the sale price. She said, no, I could return just one. I literally asked if she was sure. She said yes.
When the package came, rather than individually boxed, the access points came all in one package which i thought odd. I set up the system and found out that i indeed only needed one access point. I called the Google Store and said I needed to return just one. They said it was a bundle. I said I specifically asked for this very reason. I said I depended on their sales associates correct information so the least they could do is give me the same sale Black Friday sale price on the one access point package. They said they couldn’t do that. I spoke to a manager - nothing. This is going to cost me $50 but, more importantly, it annoys me. Isn’t a company responsible for the information it gives customers? I’m considering sending one AP point back and doing a partial charge back on my Visa. Do you think this is something Visa would back me up on? Thanks for your help!
My first thought is, “Did you receive a special price for the package of two APs?” If so, I can see their point about not returning a single AP. OTOH, it was clearly wrong for the sales associate to state that you could return just one unit.
As for the legal aspects of the situation, IANAL. However, I’m a bit surprised that they would not at least offer to refund you for the package of two APs and give you the Black Friday price to purchase a single unit.
You were clearly given incorrect information, but I don’t expect sales associate to always be 100% correct, Further, I don’t expect them to break a sales policy on my behalf, even if I’m not the one who made the mistake. Personally, I’d just move on and not let this situation “live rent-free in my head.”
IANAL, but I’m pretty sure you’re SOL. Companies can’t be held responsible for the veracity of everything an employee may say to a customer. They should have done what it takes to make you happy, and not risk losing a good customer, but that’s their choice.
Now if this was about purchasing a $1M home and you were misled about the house in a significant way, that would be a different story. I would mark this up to “stuff happens” and sell the second AP on eBay. Since you bought the pair on sale you may even make money on the deal. There’s probably somebody else out there that just needs one like you.
It’s also possible the associate just misunderstood what you were asking. If you buy two separate items, then of course you can return one. If you buy a two-pack of something, that’s just one item. The associate thought you were just buying two separate things.
Companies are generally responsible for their employees who are acting within the scope of their duties under the concept of respondeat superior.
When you tell a salesman you need something for a particular use and the salesman sells recommends something to you, the salesman has created under the common law, an implied warranty of fitness for a particular purpose.
I don’t know where you live but one question is whether what you were sold is unfit for your purpose. I don’t think it is. It does the job you want with capacity to spare. You might think it’s overkill but being oversold by a salesman isn’t illegal (or even uncommon).
Another issue is damages. They will give you your money back, which usually satisfies implied warranties. You would have to argue that you have consequential damages from this sale in the form of a lost opportunity to get the sale price on another good. Does your state allow consequential damages in implied warranty cases? Is losing out on a sales price a consequential damage your state will recognize?
This likely comes down to a case of “buyer beware.” Ask a manager nicely if something can be done under the circumstances. If they say no, I’m sorry you probably have to suck up the loss. Good luck.
Over here the Consumer Rights Act of 2015 specifically states that “The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.”
Of course, proving that the salesperson said what you say they said might be hard, and with goods bought in a sale, there is often the problem that they will refund the ‘sale’ price, but charge the full price for a replacement. I am not familiar with Google Nest, but could you sell the unwanted part on Ebay?
On the third hand, if I was the CSR who was asked " if I bought 2 access points and only needed one, would i have to return everything or could i return just one.?", I wouldn’t assume the person was asking about a two-pack unless they specifically mentioned a two-pack. Because it seems bizarre to me that a person would even think they might be able to return one piece of an item sold as a two-pack.