New item has been used-asda trampoline

Beki88

I'm back again, don't seem to be having much luck lately!

Anyway latest problem, been to an asda store today to buy one of the £99 jumpking combo trampolines. We wanted one from the store front but they insisted on one from the back as it would ruin the display otherwise...

When they fetched it out it was missing the thick white plastic wraps around the box but I never thought much of it till we got it home.

It is clear it had been used before as there were foot prints on the mat, and the bottom legs were covered in mud plus the foam padding (around the support for the enclosure) had ripped in several places, it also looks like the spring cover had been rained on.

We had to pay a relative to pick it up for us as our car is currently broken, and had to wait for them to finish work etc

I rang customer service who advised me to ring store. They have said I can bring it back to be exchanged but the problem is I can't get anyone to take it back plus its a bit of a pain in the ar5e as its so heavy and it is an inconvenience to me too.

I said to her (Asda George manager) on the phone I wouldn't have minded if it was marked as used and perhaps with a discount but I don't expect to pay full price for a new item and get one that clearly isn't new.

So where do I stand? Am I going to have to take it back for an exchange, suck it up and deal with it as it is, or am I within my rights to ask for a small refund?

Thanks

shaun_from_Africa

Legally, if you reject the trampoline under the Sale of goods act, you do not have to return it to the shop, simply make it available for them to collect. (this is covered by the SOGA 1979, sect 36).

If you are happy to keep it, there is nothing to stop you contacting Asda again and ask for a partial refund. If they refuse, then tell them that you want them to collect it from you.

Beki88

shaun_from_Africa wrote: »

Legally, if you reject the trampoline under the Sale of goods act, you do not have to return it to the shop, simply make it available for them to collect. (this is covered by the SOGA 1979, sect 36).

If you are happy to keep it, there is nothing to stop you contacting Asda again and ask for a partial refund. If they refuse, then tell them that you want them to collect it from you.

They are refusing to collect as they are not insured to do so as it is not normal practice.
They just said they would pay some money towards petrol or a taxi but again its a big inconvenience really. I never thought until I was off the phone I should have said instead of petrol money I will take a refund!
Do you think I should ring up and say that?

Mark_Hewitt

I think best you can do in this situation is take it back yourself - you got it home so you must be able to take it back! Get your exchange and then whinge to them as to how much hassle it's been and it's not your fault - you might get some vouchers.

Realistically a shop can't be expected to deal with problems at a customers premises when the items have been purchased in store.

T_T_2

shaun_from_Africa wrote: »

Legally, if you reject the trampoline under the Sale of goods act, you do not have to return it to the shop, simply make it available for them to collect. (this is covered by the SOGA 1979, sect 36).

Not quite right I'm afraid... SoGA :36 "Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them."

These goods were not delivered, they were purchased from the store by a third party private individual on behalf of the end user. I wouldn't have thought section 36 applies in this case.

Never the less the items were not 'as described' so naturally Asda have an obligation to refund or exchange, but it is your responsibility to get it back to them and collect the new one. The fact that they have offered some renumeration for fuel/taxi is quite reasonable. I would however want to know how much they intended to pay in advance of bringing it back.

shaun_from_Africa

But all that delivery means is that the goods were passed from the retailer to the buyer, and it isn't intended to mean delivered in the sense that you ard I would normally use it.

It doesn't matter how this "delivery" occurred. It could have been by post, by courier, or in person in the shop.

The quote below is the SOGA interpretation of delivery.

delivery” means voluntary transfer of possession from one person to another ; [F3except that in relation to sections 20A and 20B above it includes such appropriation of goods to the contract as results in property in the goods being transferred to the buyer;]

wealdroam

T_T wrote: »

Not quite right I'm afraid... SoGA :36 "Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them."

Also from SOGA...

If the transferee requires the transferor to repair or replace the goods, the transferor must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the transferee;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

So clearly, ASDA must bear the cost of returning the thing.

Beki88

Mark_Hewitt wrote: »

I think best you can do in this situation is take it back yourself - you got it home so you must be able to take it back! Get your exchange and then whinge to them as to how much hassle it's been and it's not your fault - you might get some vouchers.

Realistically a shop can't be expected to deal with problems at a customers premises when the items have been purchased in store.

I got it home by paying a tenner for petrol and for that person to lift it as it was heavy. Plus I had to wait almost a week from asking before they had the available time considering they work full time. I dont see why I should have to pay again to take it back and get a new one, nor do I see why I should have to mess about wasting my time and inconveniencing someone else to help.

And while I understand what you say, realistically they shouldnt have fobbed me off with a used product either but they did so they should sort it out for me.

Whiteknight

Beki88 wrote: »

I'm back again, don't seem to be having much luck lately!

Anyway latest problem, been to an asda store today to buy one of the £99 jumpking combo trampolines. We wanted one from the store front but they insisted on one from the back as it would ruin the display otherwise...

When they fetched it out it was missing the thick white plastic wraps around the box but I never thought much of it till we got it home.

It is clear it had been used before as there were foot prints on the mat, and the bottom legs were covered in mud plus the foam padding (around the support for the enclosure) had ripped in several places, it also looks like the spring cover had been rained on.

We had to pay a relative to pick it up for us as our car is currently broken, and had to wait for them to finish work etc

I rang customer service who advised me to ring store. They have said I can bring it back to be exchanged but the problem is I can't get anyone to take it back plus its a bit of a pain in the ar5e as its so heavy and it is an inconvenience to me too.

I said to her (Asda George manager) on the phone I wouldn't have minded if it was marked as used and perhaps with a discount but I don't expect to pay full price for a new item and get one that clearly isn't new.

So where do I stand? Am I going to have to take it back for an exchange, suck it up and deal with it as it is, or am I within my rights to ask for a small refund?

Thanks

I'll cut straight to the point - how much do you want them to refund you for you to keep the one you have?

Beki88

Whiteknight wrote: »

I'll cut straight to the point - how much do you want them to refund you for you to keep the one you have?

I would have liked about 10-15 pounds and as it happens the store manager rang up just now and said they will pick it up Friday and swap for a new one and he will enclose £10 gift card so I said that's great solves both problems really!

Another problem sorted. Thanks :beer: