Not fit for purpose??

earthstorm

ThumbRemote wrote: »

As I have already said, and others have reiterated below, you are wrong. The sale of goods act states of faults:
"(a)which is specifically drawn to the buyer’s attention before the contract is made,"

Note the word "specifically". The details of the fault must be given.

It does not matter what the retailer has been told by their supplier - the two are completely separate contracts.

It matters alot as the retailer can only tell a customer what he is told.

It is clear you are not a retailer and so called users on MSE ARE NOT THE LAW.

as long as you pass the same details onto the customer on what you have been told then you are LEGALLY COVERED. you cannot open vacuum sealed items to show customers especially memory foam items. if you mark the item factory fault ( in effect a second) then the customer is 100% clear he is purchasing a second, so it his his choice to purchase it or not. no one forced him to purchased the item.

hollydays

earthstorm wrote: »

It matters alot as the retailer can only tell a customer what he is told.

It is clear you are not a retailer and so called users on MSE ARE NOT THE LAW.

as long as you pass the same details onto the customer on what you have been told then you are LEGALLY COVERED. you cannot open vacuum sealed items to show customers especially memory foam items. if you mark the item factory fault ( in effect a second) then the customer is 100% clear he is purchasing a second, so it his his choice to purchase it or not. no one forced him to purchased the item.

" ..retailers can only tell a customer what he is told"
Really?
Which law is this then?

earthstorm

hollydays wrote: »

" ..retailers can only tell a customer what he is told"
Really?
Which law is this then?

Well if the supplier tells the retailer they are seconds, then this is all the retailer can tell the customer as that's the only information the retailer has been given. Unless the retailer can examine every item so he can mark down the faults, which with most furniture/clothing etc. can be done, but with vacuum sealed items cannot be done,unless the fault can be seen through the clear packaging otherwise the retailer can only go off with what he has been told, unless he lies to the customer and makes up a fault.

Storck

earthstorm wrote: »

Well if the supplier tells the retailer they are seconds, then this is all the retailer can tell the customer as that's the only information the retailer has been given. Unless the retailer can examine every item so he can mark down the faults, which with most furniture/clothing etc. can be done, but with vacuum sealed items cannot be done,unless the fault can be seen through the clear packaging otherwise the retailer can only go off with what he has been told, unless he lies to the customer and makes up a fault.

So which law is it in?

The law about selling damaged goods has been quoted above but you seem to know a different law that goes above it because you work in retail. Please quote the law ou are talking about.

hollydays

So you'd go and buy some sealed toys which you told had a mark on them, take the suppliers word, and when they were opened and had caused an injury claim " I didn't know nuffink guvnor" Arthur Dailey springs to mind..

hollydays

Money-Saving-King wrote: »

But seeing the SOGA does not cover this example of a sale (as you have even stated yourself), why is that?

Cos it's not a legitimate" sale", the sale of goods act does cover it.
Disclaimers can't be added to take away a customers rights.

Storck

Money-Saving-King wrote: »

But seeing the SOGA does not cover this example of a sale (as you have even stated yourself), why is that?

Because it is not covered by the exemptions in the Act and therefore can be returned. The only reasons for refusing a refund are given in the Act and "sold as seen" is not one of them.

MamaMoo_2

earthstorm wrote: »

It matters alot as the retailer can only tell a customer what he is told.

It is clear you are not a retailer and so called users on MSE ARE NOT THE LAW.

as long as you pass the same details onto the customer on what you have been told then you are LEGALLY COVERED. you cannot open vacuum sealed items to show customers especially memory foam items. if you mark the item factory fault ( in effect a second) then the customer is 100% clear he is purchasing a second, so it his his choice to purchase it or not. no one forced him to purchased the item.

Bovine excrement, m'dear.
The retailer has a duty to draw the SPECIFIC fault to the attention of the customer.
It is therefore their responsibility to ensure that they know what that fault is. If they do not do so, and therefore fail to draw the attention of the buyer to the specific fault, then they are liable to deal with the consequences, in this case by accepting a return under SOGA.
They should have found out the problem in advance. The manufacturer obviously knows what the fault is, as they made the item and made the decision that it was not up to standard and faulty.
If the retailer failed to clarify what the issue is, they're in the wrong.
If the retailer clarified but didn't pass the information on, then they are still in the wrong.

MamaMoo_2

olias wrote: »

Sorry, am I being thick here. Why can he not just turn it over so the fault is on the other side? Or does the fault run all the way through from front to back?

Olias

Possibly as some memory foam mattresses are manufactured with a topper or similar so they are designed to be a certain way up, and not need flipping.

Money-Saving-King

Storck wrote: »

Because it is not covered by the exemptions in the Act and therefore can be returned. The only reasons for refusing a refund are given in the Act and "sold as seen" is not one of them.

Ah yes, I tend to read one or two sentences of ThumbRemotes posts then fall asleep. I'll have to find a way of reading what he/she says's without getting bored lol!