Returning Damaged Sofa "Sold as Seen"

Mbates237

Hello,

I recently bought a sofa from a retailer of ex-display and returned items. I viewed the sofa in their storage unit and it was delivered. Upon delivery of the sofa, I noticed it was damaged and had been repaired. I'm sure this damage was there when I viewed it, but I did not see it. 



I informed the retailer that I would like to return the sofa due to the damage, but they refused, repeating "sold as seen, we don't take returns". I accept that I viewed the sofa and on close inspection could have seen the damage and repair, but I did not. The retailer at no point throughout our conversations, or on the advert for the sofa indicated it was damaged.

Despite me formally requesting that the retailer accept a return and refund our money, they are not budging. Does my right to return a damaged item apply in this case?

Thank you.

DE_612183

I don't think so - you has the opportunity to inspect the good before purchase.

They are under no obligation to point out every defect - unless it's something that can't be seen on inspection - ie within say the frame of the sofa

Emmia

Also you bought in person (not online) which means the retailer is under no obligation to accept a return, even on a perfect item.

Ergates

The Consumer Rights Act lays out that good should be of satisfactory quality, however:

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
...
...

(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, or

They can probably argue that as you examined the sofa before purchase you ought to have spotted the defect, so would be within their rights to reject your request - especially as you knew you were buying an ex-display or returned sofa.

Baldytyke88

Ergates said:

The Consumer Rights Act lays out that good should be of satisfactory quality, however:

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
...
...

(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, or

They can probably argue that as you examined the sofa before purchase you ought to have spotted the defect, so would be within their rights to reject your request - especially as you knew you were buying an ex-display or returned sofa.

Does the Consumer Rights Act apply to secondhand/repaired goods, probably not.

A large cost for the retailer will be the delivery, I assume that was free?

Mbates237

Baldytyke88 said:

Does the Consumer Rights Act apply to secondhand/repaired goods, probably not.

A large cost for the retailer will be the delivery, I assume that was free?

I paid £60 for delivery. Seems like I'll have to write it off as a learning experience...

ThumbRemote

Baldytyke88 said:

Ergates said:

The Consumer Rights Act lays out that good should be of satisfactory quality, however:

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
...
...

(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, or

They can probably argue that as you examined the sofa before purchase you ought to have spotted the defect, so would be within their rights to reject your request - especially as you knew you were buying an ex-display or returned sofa.

Does the Consumer Rights Act apply to secondhand/repaired goods, probably not.

Yes, it absolutely does. 

the_lunatic_is_in_my_head

Emmia said:

Also you bought in person (not online) which means the retailer is under no obligation to accept a return, even on a perfect item.

Goods still need to conform?

Baldytyke88 said:

Does the Consumer Rights Act apply to secondhand/repaired goods, probably not.

Why would you assume so? The only mention of second hand goods in the Act is those sold at public auction where you can visit the sale in person. 

Ergates said:

The Consumer Rights Act lays out that good should be of satisfactory quality, however:

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
...
...

(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, or

They can probably argue that as you examined the sofa before purchase you ought to have spotted the defect, so would be within their rights to reject your request - especially as you knew you were buying an ex-display or returned sofa.

This is correct OP, personally I would expect an ex-display to have signs of use, minor damage but not be damaged and then repaired but there is likely fair argument the repair ought to have been noticed especially given it's on the front (you'd be more likely forgiven if it had been repaired on the underneath for example).  

Where did you buy OP and how much of a discount did you get for ex-display? To be honest after a few months of sitting on sofa it is probably not going to look perfect anyway and whilst it is a pain that you will notice the repair, it's very unlikely any one else will.  

Mbates237

the_lunatic_is_in_my_head said:

This is correct OP, personally I would expect an ex-display to have signs of use, minor damage but not be damaged and then repaired but there is likely fair argument the repair ought to have been noticed especially given it's on the front (you'd be more likely forgiven if it had been repaired on the underneath for example).  

Where did you buy OP and how much of a discount did you get for ex-display? To be honest after a few months of sitting on sofa it is probably not going to look perfect anyway and whilst it is a pain that you will notice the repair, it's very unlikely any one else will.  

I bought it from a business but the business is run through Facebook, unsure if this makes any difference. It was still a business rather than an individual, i.e. Facebook marketplace.

The sofa appears to retail at £1,000 and the seller was selling for £750, eventually dropping it to £550.

I didn't notice the damage and repair as I was viewing it in a dimly lit storage unit, although I'm aware this probably doesn't make any difference.

the_lunatic_is_in_my_head

Mbates237 said:

the_lunatic_is_in_my_head said:

This is correct OP, personally I would expect an ex-display to have signs of use, minor damage but not be damaged and then repaired but there is likely fair argument the repair ought to have been noticed especially given it's on the front (you'd be more likely forgiven if it had been repaired on the underneath for example).  

Where did you buy OP and how much of a discount did you get for ex-display? To be honest after a few months of sitting on sofa it is probably not going to look perfect anyway and whilst it is a pain that you will notice the repair, it's very unlikely any one else will.  

I bought it from a business but the business is run through Facebook, unsure if this makes any difference. It was still a business rather than an individual, i.e. Facebook marketplace.

The sofa appears to retail at £1,000 and the seller was selling for £750, eventually dropping it to £550.

I didn't notice the damage and repair as I was viewing it in a dimly lit storage unit, although I'm aware this probably doesn't make any difference.

If it were a big name store it might be worth pushing but (with a cash payment?) and a business on Facebook I'd probably let it go, get £500 worth of use and then replace if it still bothers you a couple of years down the line  

Mbates237

Thanks for the advice everyone. I won't waste anyone's time by pursuing it further.