Exchanging item in store - advice please on legal position

JPDL

If an item is bought privately from someone else (who bought it in store) and the item is new, tagged, perfect condition and current stock in a store can you (the private buyer) exchange that item in that store for another of the same value if it doesn't ultimately suit?

Is there any criminal offence in presenting the item for exchange if you are not the original buyer (especially if you had bought the item privately at a lower cost than the current retail price )?


I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this.

dzug1

Legally no. Unless the goods are faulty.


In reality it depends on the refunds/exchange policy of the particular store. If you are the original purchaser and have the receipt most would do so.

foxtrotoscar_2

JPDL wrote: »

If an item is bought privately and the item is new, tagged, perfect condition and current stock in a store can you (the private buyer) exchange that item in that store for another of the same value if it doesn't ultimately suit?


Advice please on the consumer and legal position here

What do you mean by 'bought privately' ? Do you mean you bought it from someone else who bought it from the store in question?

Esqui

If you weren't the person who made the purchase at the store, you have no legal rights.

If you have just changed your mind, and made the purchase in-store, you have no legal rights...

...unless the store has a returns policy (which forms part of the contract), and then you have a legal right to return if you fulfil the terms of the returns policy (such as returning within a certain period of time).

bris

You could get done for handling stolen goods if that's what you are asking, which it sounds like to me.


Asking about criminal offence and buying cheap goods is not a thing you want to ask about in here.

LilElvis

The contract is between the seller and the original buyer. This means that you have no rights to return the goods, unless the retailer permits it. It would be the same if the item was given to you as a gift.

LilElvis

Someone with more legal knowledge than me might be able to advise as to whether what you propose doing would constitute fraud or another criminal offense.

neilmcl

OP, do you have the original receipt?

DCFC79

JPDL wrote: »

If an item is bought privately from someone else (who bought it in store) and the item is new, tagged, perfect condition and current stock in a store can you (the private buyer) exchange that item in that store for another of the same value if it doesn't ultimately suit?

Is there any criminal offence in presenting the item for exchange if you are not the original buyer (especially if you had bought the item privately at a lower cost than the current retail price )?

Advice please

If you have no receipt then as far as they are concerned you didn't buy it but acquired it via other means.

JPDL

Thanks for your reply. I wasn't asking about handling stolen goods. I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this. Thanks again

DCFC79

JPDL wrote: »

Thanks for your reply. I wasn't asking about handling stolen goods. I am doing some legal research and would like to know if anyone regards these actions as fraudulent as I cannot see they are as the shop has not made a loss. I was hoping for some feedback from others on this. Thanks again

If you didnt buy the item eg have bought it someone else then I don't see how you have a contract with the seller.