Charity shop Electrical goods

babyemily

Thanks Squeaky I dont know how to do that just copying the bit needed x

Rhods

There is no legal requirement to PAT test items as such.

However, should a retailer sell an item that turns out to be unsafe then they a hammering in the courts unless they can provide a 'due diligence' defence showing that they carried out reasonable checks to ensure that the item was safe to use.

Having evidence that the item passed a PAT test would be a good example of this, which is why almost all charity shops do so (or don't sell electrical items at all).

ThumbRemote

spadoosh wrote: »

I didnt think anything had to be pat tested unless its in the work place.

It will simply be sold as seen, 2nd hand item.
I wouldve thought that they would have to return it though unless it was sold as broken.

Gordon_Hose wrote: »

What spadoosh said.

Buying from a charity shop is no different to buying 2nd hand goods off Ebay, or from a boot fair.

Wrong and wrong.

A charity shop, although selling (mainly) second hand goods, is a business and you are fully covered by the Sale of Goods Act.

This states goods must have "fitness for all the purposes for which goods of the kind in question are commonly supplied,". An exclusion is included for a defect "which is specifically drawn to the buyer’s attention before the contract is made".

Take the TV back to the shop, point this out and insist on a full refund.

Gordon_Hose

I didn't say charity shops weren't subject to the SOGA!

All I said was that there was no legal requirement for them to PAT test electrical goods.

Spadoosh even said that they WOULD have to return it, unless it was sold as broken (which it wasn't).

Wind yer neck in, Mr Wrong and Wrong.

Phil1878

lateandlive wrote: »

My Mum manages a charity shop for a fairly large, but local, charity and as standard they PAT test electrical items they put on sale. Not 100% whether there's a requirement to sticker them though, or just to have proof the test's been done if they're asked?

I work in a charity shop and we are not allowed to sell any electrical goods until they have been PAT tested. This, as it was explained to me, means that the product is tested for safety not quality or usability.
There are some items, such as washing machines, which we are not allowed to sell at all.

Other checks we have to do on items include: checking toys/teddies for CE labels and furniture for fire labels. Without these we cannot sell the products. I understand all these checks are legally required.

all the best

Phil

Hope that makes sense.

ThumbRemote

Gordon_Hose wrote: »

I didn't say charity shops weren't subject to the SOGA!

All I said was that there was no legal requirement for them to PAT test electrical goods.

Spadoosh even said that they WOULD have to return it, unless it was sold as broken (which it wasn't).

Wind yer neck in, Mr Wrong and Wrong.

Spadoosh said "It will simply be sold as seen, 2nd hand item." You agreed, and added "Buying from a charity shop is no different to buying 2nd hand goods off Ebay, or from a boot fair."

There is no legal concept of "sold as seen" under the SoGA. And buyng from a charity shop is different to buying from ebay/boot fair, where many sellers will be private individuals and thus the SoGA does not apply.

If you want to discuss PAT testing, there is no requirement for specifically to be carried out. However the item must be safe - SoGA section 14 2B. For a second hand electrical item sold by a business, this indicates they should have performed some testing, probably PAT as a minimum, to check the safety of the item.

Gordon_Hose

You read it wrong. Nowhere did I say charity shops were not subject to the rules laid out by the SOGA.

George_Michael

Gordon_Hose wrote: »

You read it wrong. Nowhere did I say charity shops were not subject to the rules laid out by the SOGA.

But what you did state was:

What spadoosh said.

And spadoosh said was:

It will simply be sold as seen, 2nd hand item.

And "sold as seen" is not a legal disclaimer when selling as a retailer. This term doesn't limit their responsibilities in any way with regards to the safety of the goods.

You also stated:

Buying from a charity shop is no different to buying 2nd hand goods off Ebay, or from a boot fair.

Which is totally incorrect.
Buying from a charity shop is no different than buying from Currys. Comet or any other major retailer.
Being a charity only affects their tax liabilities and not their obligations under UK consumer trading legislation.

Norfolk_Jim

Except you dont feel like a deadbeat asking Dixons for your cash back while demanding your "rights" in a charity shop makes me feel pretty low. The Telly is off to the tip tomorrow, they can keep the money but I'll never give them another penny. Lousy business. I did contact their head office but didn't even get an acknowledgement. My thanks for the advice and information about PAT testing etc everyone - Dont go falling out over it : )

Gordon_Hose

George_Michael wrote: »

But what you did state was:

And spadoosh said was:

And "sold as seen" is not a legal disclaimer when selling as a retailer. This term doesn't limit their responsibilities in any way with regards to the safety of the goods.

You also stated:

Which is totally incorrect.
Buying from a charity shop is no different than buying from Currys. Comet or any other major retailer.
Being a charity only affects their tax liabilities and not their obligations under UK consumer trading legislation.

And you've only picked out bits of what spadoosh said to suit your argument.

If you can point me towards the post where I categorically stated charity shops aren't subject to the SOGA, I'll happily correct myself. Until then, you're just being argumentative for the sake of it.