Consumer rights if returned faulty item sold as new

jounetsu

I recently, one week ago, bought a new guitar. An American Special Stratocaster. I had been quite happy with it until I noticed that one string had a problem; it sticks (pings) when tuning and sometimes doesn't return to pitch after bends.

Obviously a fault, but...

What is most concerning is that when I consulted the included warranty documentation, I found a note written to the retailer from presumably a previous owner complaining of the same issue! The note was tucked amongst the pages, the ID tag included with the paperwork matches the guitar serial number so it must relate to the guitar I bought.

Bear in mind this was sold to me as a brand new instrument!

I'm of a mind to go and ask for a refund, or a least a reduction? It was sold as new and perfect and the retailer should clearly have known there was a problem. Worst case is they've fraudulently misrepresented it.

What should I do?

unholyangel

Go back to the retailer and see what they offer as a resolution.

Possible remedies include repair, replacement, reduction of price or rescission of contract.

Theres not really anything we can do/advise on until we know what the retailers stance is.

Zandoni

I'd go back and ask for a refund, you have obviously been sold a second hand guitar.

jounetsu

Had a reply today:

"Apologies for this, but it is a total mystery to us, as we bought this from Fender as a brand new guitar. We have the delivery note as proof. I will contact Fender tomorrow and find out what has happened."

I've asked for a refund but they don't seem keen!

neilmcl

Keen or not I'd say you're within your rights to reject the guitar for a full refund.

halibut2209

If the letter you mention is addressed to the retailer, why are they contacting Fender?

jounetsu

halibut2209 wrote: »

If the letter you mention is addressed to the retailer, why are they contacting Fender?

There's no address on the letter, which makes me think it was taken back to the retailer for a repair and then subsequently accepted back as a return.

That or Fender took it back and then accidentally sent the refurbished guitar complete with note to the retailer.

Either way something doesn't add up. Regardless, there clearly is a fault and I think I'm right in saying I don't HAVE to accept a repair?

Thanks,

Paul

Valli

As I see it there are two separate issues here. You bought what you believed to be a NEW instrument. As what was supplied to you wasn't I believe you can reject it for a full refund or expect to receive a replacement.

If the vendors are claiming they have been supllied a s/h or faulty instrument from their supplier that's a separate issue and they should be dealing with their supplier about that; it's irrelevant, IMO, to YOUR claim against the retailer.

jounetsu

I should add, the fault does not change the fact that if I had seen the note from a previous customer prior to money exchanging hands I would NOT have bought the guitar as it's history is in question.

Think I'm right in saying the end result is it still amounts to an omission of a material fact at the point of sale, whether intended or not, which is considered an unfair trading practice?

neilmcl

jounetsu wrote: »

I should add, the fault does not change the fact that if I had seen the note from a previous customer prior to money exchanging hands I would NOT have bought the guitar as it's history is in question.

Think I'm right in saying the end result is it still amounts to an omission of a material fact at the point of sale, whether intended or not, which is considered an unfair trading practice?

Forget "unfair trading practice" the plain fact of the matter is the guitar does not conform to contract because a, it's not as described (ie, it isn't new), and b, it is faulty. Under the terms of the SOGA you are entitled to a full refund should you want one.

popadom

I had a similar issue with a printer from Tesco. I went to set it up and it had the page you have to print and scan already in the printer with a phone number along with the ink boxes inserted. I had bought from a display in store. Called Tesco customer services and they told me to return it, no issue. I did call the store I intended to return it to just to make sure they had no issue. All went well, and I got a different printer.


If it is a big store, call customer services.
Can you register the item? Like online/phone? If you can, and it already has been registered to another person, it will prove it wasn't new.