consumer rights at charity shops

alcarog

my wife bought a second hand swivel chair from a charity shop yesterday and when she got home i discovered it was unsafe to use as it was wobbling . the chair cost £45 and a person working there told her it just needed an allen key screw tightened up which didnt work. i took it back to the shop today and was told "they all wobble" and that they have a sold as seen and no refunds policy which was printed on a small peice of paper on the counter which had items for sale on top of it so was covered up . i would understand if i was returning it because i didnt like the colour but this chair was not safe for purpose.
where do i stand with getting a refund from a charity shop for an item that is unsafe for use ?
i wouldnt have minded if it was a fiver but you would expect it to be suitable for purpose at £45

DomRavioli

If there is a displayed notice, you have no chance.

Caveat emptor.

Owain_Moneysaver

alcarog wrote: »

they have a sold as seen and no refunds policy which was printed on a small peice of paper on the counter which had items for sale on top of it so was covered up .

Your statutory rights are exactly the same as from any other business seller. The 'no refunds' notice has no legal effect and is itself illegal.

Any attempt to mislead the consumer about his rights is an offence under the Consumer Protection from Unfair Trading Regulations 2008.

Under the Consumer Rights Act 2015, certain standards apply to every transaction for the sale and supply of goods.

A consumer cannot claim for defects that are brought to his attention before the sale, or if the consumer examines the goods before purchase and any defects should have been obvious.

https://www.businesscompanion.info/en/quick-guides/goods/the-sale-and-supply-of-goods

It’s illegal to display any notice that deliberately misleads consumers or deceives them about their rights, eg a sign that says you don’t accept returns or offer refunds.

https://www.gov.uk/accepting-returns-and-giving-refunds

If the chair wasn't noticeably wobbly in the shop, go in and ask for your refund and if they don't give it to you try and get a photo of the 'no refund' notice and any notice giving particulars of the business name and owner details, and then go to Trading Standards or small claims court.

Mistral001

The OP's wife clearly accepted something that was faulty. The person in the shop who told her that all it needed was tightening with an allen key was probably wrong in what they said. However, if you wanted to go down the legal route, the only way to prove what the shop assistant said was wrong would be to get to pay for an expert to examine the chair and report accordingly. This would probably cost you more than the chair is worth and might not even win your case. The judge at the small claims court might consider it the same as a clothes shop assistant telling a customer that the sleeves would ride up with wear.

PS. I would take the chair to your local garage or lawnmower repair shop and get them to fix it. Even if it cost £25 to fix it would be worth it. And if you tell your wife that they did it for free, you would surely be popular!

elsien

Who did you speak to, one of the volunteers or the manager? Maybe escalate it higher up the ladder?

thunderella

Your rights are no different when buying from a charity shop than they are if you were to buy from any other retail or second-hand shop.

Perhaps, therefore, the Board Guide will consider moving this thread from the Small Biz & Charities' MoneySaving board to the Consumer Rights board.
http://forums.moneysavingexpert.com/forumdisplay.php?f=173