Defective goods bought at sale price

[martin4963]

HI !

 

I recently bought 2 matching items in a sale & when I got home, found that 1 of the items was defective. The retailer has agreed to exchange the defective item, but now wants to charge the full selling price of the item.

Is he entitled to do this or am I entitled to an exchange at the original price I paid ?

 

Many thanks,

Martin

[rebel11]

Hi mar

 

The OFT Guide on SOGA

number 10 in my signature.

 

http://www.oft.gov.uk/business-advic...irly/sogahome/

[perplexity]

Is he entitled to do this or am I entitled to an exchange at the original price I paid ?

 

Both.

 

The seller is entitled to want to charge the full price. The buyer is entitled to say no thanks, you must be joking; a contract is a contract, the original terms apply.

 

It may be argued that the circumstance of a special offer implied that the quality to be expected was not of the usual standard, but this would have to be abundantly clear, to get away with it.

[martin4963]

Thanks rebel11,

Unfortunately your link doesn`t answer my question

[Lefty]

HI !

 

I recently bought 2 matching items in a sale & when I got home, found that 1 of the items was defective. The retailer has agreed to exchange the defective item, but now wants to charge the full selling price of the item.

Is he entitled to do this or am I entitled to an exchange at the original price I paid ?

 

Many thanks,

Martin

 

The price you paid forms part of the contract you entered into. If the item you purchased does not conform to contract then YOU have the choice of a refund or an exchange. Simple as that. Of course, if the store would prefer to give you a refund at the full selling price, then that's up to them!!!

 

Cheers

Lefty

[perplexity]

It is not quite so simple.

 

According to Section 14(2A) of the Sale of Goods Act:

 

For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

The inference is thus, for the sake of the argument, that if an item is usually available for £10 but I picked one up from a bargain bin for 50p, and then had the cheek to take it back to be replaced because of a slight fault, the seller is entitled to retort:

 

"You must be joking; what else did you expect for 50p?".

 

P.S.

 

It should also be pointed out that in any case you are not automatically entitled to a choice between an exchange and a refund. Section 48A applies:

 

(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

(a) impossible, or

(b) disproportionate in comparison to the other of those remedies, or© disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

 

(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—

(a) the value which the goods would have if they conformed to the contract of sale,

(b) the significance of the lack of conformity, and

© whether the other remedy could be effected without significant inconvenience to the buyer.

Edited July 3, 2011 by perplexity
P.S.

[theghost]

If the shop has accepted there is a fault then they can offer a refund, exchange or a repair.

 

If they dont want to exchange it or repair then they can fully refund you.

 

Unfortunatley they are under no obligation to sel lyou a new oen at the sale price.

 

If you want the item at the current price then ask for a replacement (if repair not possible) or a refund. Normally they do exchanges in order not to lsoe the sale but in this case it soundsl iek they may refund so they dont have to give you the item again at the higher price.

[perplexity]

If they dont want to exchange it or repair then they can fully refund you.

 

though they may not so much as have to fully refund, if the item deteriorated in the mean time.

 

Section 48C(3) applies

 

For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

 

The right to examine goods before rejecting applies when the seller "tenders delivery of goods to the buyer".

[trimstar]

seems unfair