Rights when buying from a company's stand at an event?

Undervalued

I wonder if anybody can clarify my rights in the following situation.

A perfectly reputable (as far as I know) UK importer and distributor had a large marquee / stand at an event selling a mixture of discontinued products along with ex display items, damaged or missing packaging etc.

The firm also has several retail shops and the stand was under their retail name. However credit card transactions were in the importer / distributor's name.

I bought an "ex display" item from them which was being sold as such but without any of its packaging packaging. I paid around 65% of the retail price. It had all of the accessories that should have been supplied but not its instruction manual (although that can be downloaded online). I was able to inspect the item in a reasonable amount of detail considering the circumstances. It cost over £100 and I paid by credit card. The slip printed out from the chip and pin machine is the only paperwork I have.

In some areas of the tent there were signs up saying "sold as seen" although I'm not clear if they intended this to apply to everything or just certain items that were slightly damaged.

What is the legal position with my purchase? Do I have distance selling type rights, shop purchase rights or little or no rights at all? In the event of a problem would I be protected by the credit card company as a backup?

Many thanks.

wealdroam

Undervalued wrote: »

What is the legal position with my purchase? Do I have distance selling type rights, shop purchase rights or little or no rights at all? In the event of a problem would I be protected by the credit card company as a backup?

Many thanks.

You have no 'distance selling rights'. The sale was made face to face with the seller.

You have 'shop purchase rights'.

You have the protection of Section 75 of The Consumer Credit Act.
Read MSE's Article about that.

You may have other rights because the sale was made away from the seller's usual business premises, but others will probably disagree.

Undervalued

wealdroam wrote: »

You have no 'distance selling rights'. The sale was made face to face with the seller.

You have 'shop purchase rights'.

You have the protection of Section 75 of The Consumer Credit Act.
Read MSE's Article about that.

You may have other rights because the sale was made away from the seller's usual business premises, but others will probably disagree.

Thanks.

That was the bit I was very unclear about and why I mentioned "distance selling type rights" even though obviously it was face to face. I'm sure that was the wrong term but is there not something similar given that it wasn't at their usual premises?

You say others may disagree so maybe I'm misunderstanding?

wealdroam

Undervalued wrote: »

Thanks.

That was the bit I was very unclear about and why I mentioned "distance selling type rights" even though obviously it was face to face. I'm sure that was the wrong term but is there not something similar given that it wasn't at their usual premises?

You say others may disagree so maybe I'm misunderstanding?

Regulation 5 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 defines “business premises”, “distance contract” and “off-premises contract”.

Have you got a problem with your purchase?
When did you make this purchase?

bris

Undervalued wrote: »

Thanks.

That was the bit I was very unclear about and why I mentioned "distance selling type rights" even though obviously it was face to face. I'm sure that was the wrong term but is there not something similar given that it wasn't at their usual premises?

You say others may disagree so maybe I'm misunderstanding?

Trade fairs are not subject to distance sale regulations unless you were invited by the seller.


Trade fairs are classed as the sellers normal business place, the only people who have distance selling rights are customers who were invited to the fair by the seller and employees who work at the trade fair such as security personnel etc, I have no idea why the workers are covered but they are.


Op unless the goods are not as described then you have no rights and by your description it looks like you knew exactly what you were buying.

ThumbRemote

bris wrote: »

Op unless the goods are not as described then you have no rights and by your description it looks like you knew exactly what you were buying.

This is not true. The OP has (as a minimum) the same rights as though they bought in a shop. There is no legal basis for 'sold as seen'; in fact even displaying such a sign is an offence in itself as it is trying to deny statutory rights.

The Sale of Goods Act lists the only reasons that a fault is acceptable in a sale. They are:
(a)which is specifically drawn to the buyer’s attention before the contract is made,
(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or
(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.

ie sale of a faulty item is only allowed if the seller is told of the fault or should have seen the fault for themselves.