What are my rights if I buy an item which I know to be damaged?


If an item is reduced in price due to a sale, your rights are the same as if it were a full priced item. If however, the item is reduced due to a defect and you are made aware of that defect, you cannot then return the item on the basis of that defect. Sounds obvious, but in many cases, the shop assistant will tell you that you cannot bring the item back at all – which is misleading. What if you buy a shirt at reduced price because of a missing button. However when you get home you discover a huge hole in the seam which you were not informed of. You know you cannot return the item due to the missing button, but you are free to return it on the basis of the dodgy seam.

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7 comments… add one

  • Lindsay 15 April, 2:47 pm

    My daughter recently bought a second hand car from a large car supermarket.
    It had a slight fault which she was told would be fixed before she picked the car up.
    She picked the car up and the fault is still there.The garage have now had the car three times for the same fault.
    She is not entitled to a courtesy car because of her age and the company wont reimburse her travel costs to work when they have the car.(Last time was four days)
    We have been told we have to give them an opportunity to fix the car,but feel we have done this and still aren’t getting anywhere.
    What are my daughter’ rights?

    Reply
  • Andrew 27 May, 10:23 pm

    We bought a Samsung American Fridge Freezer from Currys. It was a clearance item and was end of stock, the store only had the shop floor one left and reduced the item further from £850 down to £750 (original price £1099). The staff member made a note of every scratch and dent on the item before it was put in store for delivery.

    On delivery the driver said he noted before he left the depot that the fridge had further been damaged by the store (2 big dents and paint off on front). We rejected the item as advised by the driver and it was taken back to the store. We phoned the store and they have said they don’t have any more of them in stock and we told them it has taken 5 months to decide on that make and model. They have refused to give us the next model up (£1099). We have told them that this is not our fault, it is theirs, and they should replace with the same model or the next one up…..does anyone know what our rights are please ? We expect World War 3 tomorrow. Any help is muh appreciated.

    Reply
  • shaun 17 September, 2:57 pm

    @Andrew: if you knew it was end of line and the last product of the sale you should be aware at that point that a replacement is not going to happen, and they will not be giving you a £1100 item for £750 since its a problem that cannot be repaired or replaced then you should be entitled to a refund for your item, or to be offered to pay £349 for the upgrade to the better item.
    I work in a shop where we sell open box refurbished Fujitsu siemens S7110 laptops for 249 because they are open boxed you get 6months warranty instead of the 1 year and its an amazing price, if i sold the last one to someone and they come back with it having say a motherboard fault and could not be repaired i would give them a refund or an item worth £250, not a brand new model of the laptop which happens to cost £1069 (buyable on play.com if you would like to check) as you can see this is a bigger gap but just as ridiculous, you should get a replacement equal to the value you paid, not 350 pounds more,i wouldnt hold out for a win on this one.

    Reply
  • Bryan Gill 4 October, 5:49 pm

    Bought a sofa and chair from furniture Village it was deliverd with hole in sofa. chair and sofa different shades manager said we could use till new furniture was made but since then we cannot get the manager to confirm in writing our aggreement we have phoned and called at the store many times the manager says he has written three times so they must have been lost in post.there are other minor but noticable faults. I am getting concerned now that he is fobbing me off for some reason he is so appollagetic and forthcoming on the phone

    Reply
  • Kate 8 December, 1:48 pm

    I bought a cooker from display but it was in perfect condition. On delivery it was dropped and broken by delivery men. The shop can supply us with the exact same cooker but it would cost more as it is not exdisplay. We want a straight exchange and don’t see why we should have to make up the difference for their mistake. Are we entitled to have the item replace for a new one at no cost or inconvenience to us?

    Reply
  • Simon 11 January, 12:13 pm

    Kate, you are talking about apples and oranges, a display cooker is worth less than a new one so it is different. if it wasn’t any different it would cost the same. Just as a layer of cling film can make more of a difference to the price of an item than the cling film cost.

    It’s like saying they sold you an apple but then dropped it on the floor and as that was the only apple they had they should give you an orange. They are already out of pocket if they refund you what you paid due to the delivery and the damage to what would then go back to being their item.

    Don’t worry they are still paying for their mistake, if you get a refund you aren’t actually paying for their mistake.

    Reply
  • Gwen 4 May, 9:35 am

    My daughter recently bought two bridesmaid dresses one of which was reduced by 10% as it has a slight stain on it. Only one bridesmaid was with her and the other one hates the dress. Can my daughter return both even though she was made aware of the stain and still bought the item. She wants both girls on the same dress. Any advice we live in Edinburgh.

    Reply