return goods bought as damaged

jjenn

I bought garden parasol from Range. It had a slight defect - a chipped bit of plastic that did not materially affect the item. It was reduced from £35 to £30 because of this. After one use I tried to put it up again and there became apparent another problem that either had developed or got worse : a steel ring had snapped making the item useless. They won't take it back because it was sold as damaged - even though the trivial damage that was pointed out to me was not the problem that makes the item unusable . I contacted the head office and they confirm that they won't take it back. Do I have any rights or does the fact that the receipt says 'damaged' with no other details mean that I have lost any rights that I would otherwise have had.

neilmcl

Can you prove that the "damage" as described in store only related to the chipped plastic. If so then you should still be entitled to a refund under the SOGA.

jjenn

sadly it was all verbal

magpiecottage

It is for the retailer to prove that the fault was not there at outset (or was pointed out to the customer beforehand).

We currently have a similar problem with Secrets Handbags and Luggage in Maidenhead - who seem to want to keep the owner(s) of the business secret too.

They say we only had a 30 day warranty on a product bought three months ago.

We will probably try a chargeback on the debit card.

jjenn

Thanks both for advice - very good of you - JJ