Legal Question in Consumer Law in Netherlands

Hello.

I bought an "end of line" Terra Nova 2p tent at discount price of �231,- on http://www.terra-nova.co.uk/Product_Type/Tents/Clearance_Tents/Laser_Green_Grade_B_REPAIRED.html?view=description

It says clearly that this tent includes "a second, smaller door at the back of the tent and two-way zips for the flysheet to allow roof ventilation, along with our new improved guylines and 2g Ti pegs."

Also it has a special vent which other models don't have.

There's a picture of a two-door tent as well, and the product factsheet is also unequivocal.

Nevertheless, this turned out to be a fault on their website, and they delivered a different type of tent, the one they actually intended to sell in their "clearance zone".

I e-mailed and called, they replied:

"Thank you for your email. I am really sorry that you have received the incorrect tent, it seems we have made a genuine mistake in listing the tent you ordered. The Laser was originally produced with one door, but was later updated to have two and we have used the details and photograph for this later version rather than the original. It appears that the Used Grade B tent you have received is a 2005 Laser as listed, but not as described.

I�ve checked to see whether we have any Used Laser tents with 2 doors in the warehouse or waiting to be checked so they can be sold through our factory shop, unfortunately we don�t have any that we could send you as a replacement.

We do however have a brand new end of line Laser tent (which definitely does have 2 doors!) for �285 (a difference of �54), this is a brand new tent (not used and repaired as the one you ordered) which would also come with our guarantee (which you do not have with a used tent). If this is not acceptable we will refund your payment if you would like to send the tent back (we will refund your return postage).

Please let me know what you would prefer to do and once again apologies for our error."

In Terra Nova's terms and conditions it states that "We make no promise that our website will be uninterrupted or entirely error free."

My question is wether or not TN is legally obliged to deliver me with the goods as advertised, at the price they stated, �231,- or not.

Thank you for your time, sincerely,

Serge Jongman.

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