Is this a sale by description? s13

Hello there,

My grandmother recently purchased a bed that was said to have a 'Solid Brass' bed head. She actually saw the bed in the shop itself and tested it out etc. The bed she saw in store was the actual one she received.

I am aware that she can possibly rely on s.13 (must correspond with the description) - but I am worried that if she has seen the bed before buying, she will be unable to rely on this as, "it is important to note that this section only applies where the sale is solely by description. If the buyer sees the actual goods before the sale then s.13 can not be relied upon."

But equally I have read that if the "Goods which the consumer has seen if they are sold as answering a description", this will be good enough.

Please can anyone tell me, legally, if this is a Sale by Description, and thefore, can we rely on s.13 - does the fact that she saw the actual bed she was receiving mean that we cannot rely on s.13.

If it is of any importance at all, my grandmother has really poor eyesight.

Please help!

Thanks,

Rob.

admin said:

It really does depend upon specific circumstances. Is it significantly not as described? If it was the difference between solid gold and gold plated then yes, but I am not sure about brass. I guess the brass plating will come off and it will wear more quickly. How would anybody know the difference?

When you say that "it was said to have" are you talking about a verbal statement here or a written description that you have got a copy of.
if the former it is going to be trickier.

HTH

Tony

Click to expand...

Hello, thanks for the response!

It was a label that said it was 'solid brass' on the bed head. I'm with you, its not like it was said to be solid gold or anything but she was quite pleased that it was brass and she probably wouldn't have bought the bed had she have known that it wasn't (so she says).

So the fact that she actually saw the bed in the shop does not negate the description? She does have bad eyesight. But even still, the fact that there was a label stating that it was something that turns out to be untrue - does this mean that it was effectively a sale by description - even though she tried out the bed etc. - and therefore s.13 can come into play (has to match description etc.)? I would have thought this was the case.