Buyer Protection: Auctions

phillenium2008

Hi,

I recently bought an oven from the Comet Clearance website. However, they've severely damaged the goods before transport, and say they can no longer offer me the oven or a replacement oven.

they have offered a full refund and free delivery for the next oven I successfuly win.

Now, I wanted that particular oven, and got a decent price for it. Any oven I get from there will be different, may not be the same spec, and may cost more.

Do I have any rights to force them to replace that exact (or a similar) oven for the same price, or are my rights affected/different because I bought from an auction site?

Cheers

Phil

cleo1299

From the T&C:

On delivery, if the goods are faulty or do not conform to description, you may contact us within 28 days. In such event we will provide a full refund of the sum paid by you as a winning bid and any delivery charges. The nature of the products for auction prevents replacement products being provided in the event faults or failure to conform with description. We will arrange collection at our own expense. Products bought at auction may not otherwise be returned.

From that, it seems clear that they should refund whatever you paid for delivery and drop the nonsense about free delivery for the next oven.

But I don't think you can insist on a replacement. The Sale of Goods Act says you can't require the trader to repair/replace if that would be too expensive compared to another remedy.

phillenium2008

cleo1299 wrote: »

From the T&C:



From that, it seems clear that they should refund whatever you paid for delivery and drop the nonsense about free delivery for the next oven.

But I don't think you can insist on a replacement. The Sale of Goods Act says you can't require the trader to repair/replace if that would be too expensive compared to another remedy.

Hi, yes I think unfortunately you are correct. I shall keep an eye on my bank statement to see whether their refund includes the delivery charge, and whether their offer of free delivery is actually correct!

Cheers

Phil