Display table sold as seen

mic141100

I bought a marble table which was a display item and was told this was'sold as seen'.
I checked the table for any marks etc when I signed the invoice and paid and there were no marks etc.
On delivery 5 weeks later, there is a scratch in the centre of the table. I only raised this with the company to advise of this 2 days later but had taken photos within 2 hours which I sent to them(date and time stamped).
Initially they said the scratch had been done by us and refused to do anything, they are now arguing that I accepted it sold as seen and that I signed on delivery so the best they can do is order a new table and I will have to pay the additional £300.
I have asked for a refund but have been told that it's my fault for signing to accept the table and said I don't have any rights.
Can anyone confirm what my rights are?
Thanks

Aylesbury_Duck

If the scratch appeared between you ordering and it arriving, you may reject it as faulty.  "Sold as seen" means exactly that - it was sold in the condition it was seen by you, and you acknowledged its condition at that time.  A new fault means it has now been sold as it wasn't seen.

the_lunatic_is_in_my_head

Sold as seen doesn't really mean much.

Goods are required to be of satisfactory quality which covers a range of aspects however it excludes:

(4)The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—

(a)which is specifically drawn to the consumer’s attention before the contract is made,

(b)where the consumer examines the goods before the contract is made, which that examination ought to reveal, 

With regards to the scratch if the store opted to deliver it to you home then risk lies with them until the table is in your possession. 

Where the goods have an issue you have the right to a repair or replacement but the trader seems unwilling to offer either so you then have the right to reject for a refund or seek a price reduction. 

How much of a scratch is it OP, could it be covered by some kind of table centre piece? 

Not sure how much you paid originally but if you can pester them for a price reduction of £20-50ish depending on the price paid that might not be a bad out come, depending upon your preference    

ThumbRemote

It's not directly relevant to your case (Aylesbury_Duck has given a good explanation), but sold as seen has no legal basis whatsoever. 

The law itself actually says that a defect is acceptable in the following conditions:
"which is specifically drawn to the consumer’s attention before the contract is made,"
"where the consumer examines the goods before the contract is made, which that examination ought to reveal"

mic141100

Thanks for your reply.
She initially said she covered the table herself the night before delivery and the scratch wasn't there so tried to blame me.
I then sent the photos that were taken within 2 hours of delivery and she's now saying that because it was sold as seen and I signed the delivery note that it's basically tough and my fault for accepting it

mic141100

And she's changed her story saying she covered it as soon as I bought it because I said the scratch must have occurred when it was left on the shop floor. She said she's refusing to take it back because she wouldn't be able to sell a table with a scratch so I asked why would I want to buy a table with a scratch.
She's now rung back saying as a goodwill gesture they'll go halves on the extra £300 so I can have a brand new table which will be better than a display model and I've said no, I just want what I paid for which is a table without a scratch

Aylesbury_Duck

Write to them (don't call them) saying that you wish to return the table for a full refund, and if they don't make arrangements accordingly, you'll put the table aside for safekeeping and commence small claims action.  I'm confident they'll back down.

If your preferred solution is a replacement, then I'm afraid you'll have to stump up the extra.  You can't force then to send you a brand new, non-display model for the price you've paid.

the_lunatic_is_in_my_head

The problem here OP is that a replacement should be like for like and presumably they don’t have another display table so the regs do permit then not to replace.

I don’t know what kind of table it is so I don’t know how feasible a repair is but if it were feasible you could ask them to repair and if they say no have the repair done and seek that cost as a price reduction.

Really the retailer needs to understand their “sold as seen” claim in law means the table should be as it was seen rather than a get out clause to fix any problems, such as damage in transit in this instance.

Ultimately it’s small claims where both sides can’t agree but you need a claim to be £100 plus to be worth the agro, the price of the table goes some way to assess the value of the scratch.

Aylesbury_Duck

mic141100 said:

And she's changed her story saying she covered it as soon as I bought it because I said the scratch must have occurred when it was left on the shop floor. She said she's refusing to take it back because she wouldn't be able to sell a table with a scratch so I asked why would I want to buy a table with a scratch.
She's now rung back saying as a goodwill gesture they'll go halves on the extra £300 so I can have a brand new table which will be better than a display model and I've said no, I just want what I paid for which is a table without a scratch

Just re-read your post.  This bit is not something you're entitled to*.  If they elect to refund you, they've met their responsibilities to you.  You can't force them to send you a brand new table at the discounted price you paid.  You either agree to return it for a refund, you keep it with a further discount, or you accept their offer to buy a replacement for £150 more.

To be clear, they're in the wrong about the whole sold-as-seen thing removing your rights, but you don't have an entitlement to the outcome you're demanding. 

*Edited to add: Unless they arrange for some sort of invisible repair, if that's possible with scratched marble.

Bradden

the_lunatic_is_in_my_head said:

Sold as seen doesn't really mean much.

Goods are required to be of satisfactory quality which covers a range of aspects however it excludes:

(4)The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—

(a)which is specifically drawn to the consumer’s attention before the contract is made,

(b)where the consumer examines the goods before the contract is made, which that examination ought to reveal, 

I'm not sure I agree with you on this. I don't think this would be an issue had the customer collected the goods themselves the contract is satisfied there and then. The issue stems from a delivery .. 5 weeks after the goods have been examined.

pinkshoes

mic141100 said:

And she's changed her story saying she covered it as soon as I bought it because I said the scratch must have occurred when it was left on the shop floor. She said she's refusing to take it back because she wouldn't be able to sell a table with a scratch so I asked why would I want to buy a table with a scratch.
She's now rung back saying as a goodwill gesture they'll go halves on the extra £300 so I can have a brand new table which will be better than a display model and I've said no, I just want what I paid for which is a table without a scratch

This is going to end in one of those "he said she said" scenarios. 

You paid for an ex-display table that didn't have a scratch, and it got scratched in the 5 days before it was delivered. It's unfortunate, but it happens. 

You are entitled to have the table collected and a full refund. 

The ex-display table without a scratch that you want no longer exists, so you now need to compromise. They cannot provide you with something they don't have.

Either:

1. Ask for a further discount on the scratched table. Can it be repaired?
2. Return the scratched table for a full refund.
3. Accept their offer of doing halves of the extra £300 for a new one, or negotiate a bit further.