Private Sale Refund Rights

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  • marcarm
    marcarm Posts: 1,205 Forumite
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    the_lunatic_is_in_my_head wrote: »
    It was my understanding that for private sales goods still had to be as described and given the detail in the OP any reasonable person would expect 3rd gen bulbs.

    I don't disagree with this, but there are so many threads on here where someone buys a car (for example) after being told that it has air-con, only to find it doesn't. The poster is then told that if it was that important then they should have checked before buying. In this case, if it was so important for the OP to have 3rd gen bulbs, they should have checked before buying.

    The key to this is how they were described. Was it simply "hue bulbs" and then a pic of a 3rd gen box, or were they described as "3rd gen hue bulbs"


    the_lunatic_is_in_my_head wrote: »
    I don't think it would classed as reasonable to have to inspect the serial numbers of light bulbs to ensure they were the correct ones.

    Where is the line? You are expected to make checks when buying a car, I would also make checks when purchasing a laptop or most other items, so some £50 bulbs are exempt? I would have make an excuse such as I had bought the wrong ones before so just wanted to double check, and done this via messages before travelling.

    If you want to be able to return stuff, then buy from a shop with that offer, if not then it is down to you to do any and all checks you feel necessary.

    Also, not sure if the OP asked, but it seems they were only going by the picture of the box that showed 3rd gen bulbs, it's not clear whether they actually asked if they were 3rd gen, and as it seems they had many many bulbs, the wrong bulbs got put into the wrong box.

    I'm not saying the OP is fully at fault here, but there are things they could have done so they are not in this position.
  • Branagorn
    Branagorn Posts: 42 Forumite
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    edited 19 February 2019 at 8:36PM
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    For interest, this is how they were advertised. Note that the green sticker/logo at the top right corner of the box is how you decipher the packaging for the 3rd gen bulbs.

    2n08njk.jpg
  • NBLondon
    NBLondon Posts: 5,532 Forumite
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    Hang on... The description below the picture says:
    "Picture shows the starter kit" and "6 bulbs/2 starter kits available" Does that mean 6 bulbs and 2 starter kits? In which case seller may have had 3rd gen kits (pictured) and loose 1st gen bulbs (which the OP bought). Or was it 2 starter kits of 3 bulbs each which the seller was prepared to break up at £25 for one bulb or £80 for the full kit (which must have something else in it for the extra £5 I guess)?
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  • ess0two
    ess0two Posts: 3,606 Forumite
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    Branagorn wrote: »
    For interest, this is how they were advertised. Note that the green sticker/logo at the top right corner of the box is how you decipher the packaging for the 3rd gen bulbs.

    2n08njk.jpg

    Nothing in the description says they are 3rd gen?
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  • Branagorn
    Branagorn Posts: 42 Forumite
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    I think really, a combination of the 3rd gen box imaged in the advert, and supplied being in the sale. The seller stating that the were purchased new recently, and the description stating that they were brand new. It’s a fair assumption to make that the bulbs ‘should’ have been third gen.
  • Les79
    Les79 Posts: 1,337 Forumite
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    Does seem like you were mis-sold to be fair...


    But then again I'm not really sure what your rights are. Ultimately, you actually have the right to send the person a "letter before action" by post, outlining the problem and your proposed resolution. Go on to mention that you will initiate small claims court action if there is no resolution within a reasonable (14 day?) timeframe.


    You don't HAVE to follow through with court action, but it may crap them up enough to offer a resolution. Though you also CAN initiate small claims court action if you so wish; fairly cheap to do it these days (£25?) but given the amount in question it isn't a very value-for-money option (you have to win a lot of the time to justify £25, which is reimbursed if you win, to gain £50 and there's a smallish chance that the court won't entertain the claim for such a small amount)
  • George_Michael
    George_Michael Posts: 4,251 Forumite
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    ess0two wrote: »
    Nothing in the description says they are 3rd gen?

    As the OP mentioned earlier, this logo:
    hue.jpg
    indicates that they are 3rd generation and it is on the box shown in the advert.

    https://huehomelighting.com/key-differences-1st-2nd-3rd-gen-philips-hue-bulbs/
    One can identify the 3rd gen lights by looking for a “richer color” logo at the top right corner of the packaging used on these bulbs.
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