A consumer purchases product A. Product B was considered, but not purchased because it was 25% more expensive. The products are very similar.
Product was received by the consumer the next day for pickup. The consumer, assuming they received product A, was satisfied with the product.
2 weeks later the sales staff calls the consumer and reports that they accidentally gave the consumer product B. They request that the consumer return the given product in exchange for what they claim to be the appropriate product. The sales staff admits over the phone that the mistake was on their end. The sales slip indicates serial number A, while the sales staff claims that the consumer has product B. The serial number is not accessible with the naked eye.
1) Does the serial number legally obligate the consumer to exchange the product?
2) Does this scenario require an attorney at this point?
Product was received by the consumer the next day for pickup. The consumer, assuming they received product A, was satisfied with the product.
2 weeks later the sales staff calls the consumer and reports that they accidentally gave the consumer product B. They request that the consumer return the given product in exchange for what they claim to be the appropriate product. The sales staff admits over the phone that the mistake was on their end. The sales slip indicates serial number A, while the sales staff claims that the consumer has product B. The serial number is not accessible with the naked eye.
1) Does the serial number legally obligate the consumer to exchange the product?
2) Does this scenario require an attorney at this point?