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.

Your Statutory Rights

Common Complaints

And if your statutory rights are broken

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12 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?

  • 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.

    • lesley whittaker 29 July, 2:42 am

      I recently bought a double bed frame from Dunelm in Oldbury which was reduced as it was the display model . When I got it home and put it together the legs from the middle under the bed were missing. I returned to the shop and asked about the missing parts only to be told by the manager that the legs were missing anyway and I should go to my local diy for some wood and make them myself as the bed was not strong enough for two people without them . I was not informed of the missing parts until I went back to the shop. Should they supply replacement legs as without them the bed is unfit for the purpose it was bought ?

  • 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.

  • 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

    • C holl 8 September, 3:22 pm

      Well bryan, have you thought about asking a relative to intervene? They may be able to negotiate for you and maybe even obtain a guarantee by way of apology? Pick your favourite family member who is very good looking, intelligent and worth her weight in gold!! Good luck

  • 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?

  • 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.

  • 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.

  • Nicole 1 September, 2:57 pm

    I bought some garden furniture table and 6 chairs in an auction.
    The furniture is was new and being sold at auction as it was end of line.
    There was a mark on the table which was noted as ‘cosmetic damage’ at the time of the purchase.
    since we have got the furniture home 5 out of 6 of the chairs have deteriorated and the material has chipped off leaving the metal exposed.This is clearly going to get worse and continue to chip.
    The auction house have declined to do anything about to help us as say it was noted that the furniture had marks on it and everything is sold as seen.
    The only damage present at the time of purchase was the mark on the table. All further damage has happened since have got the furniture home.
    Is there anything I can do?

  • Thelma 14 November, 11:49 am

    My partner owns a 2008 Yamaha 1300 FJR (from new). During its production year Yamaha recalled these bikes due to faulty wiring loom and a faulty ignition which could result in stalling, both faults if left could result in a serious accident (possibly fatal). My partner’s bike did not have either of these faults corrected. He recently had the bike towed to a Yamaha dealer because of the above mentioned faults but both the dealer and Yamaha have refused to fix the problem. The dealer claiming they cant find the fault and Yamaha refusing on the grounds that the bike has 108,000 miles on the clock. What are his rights and any advice on how to fight his claim would be gratefully received. Many thanks

  • Glynis 4 July, 6:34 pm

    I bought a chair from. Natuzzi which was reduced
    It was sold as ex display, no faults identified. The chair has gradually become unstable to the point that it is too unsafe to use. Natuzzi have said it is not covered by their warranty. Suggested I contact the company they use and if they establish it is a manufacture fault they MAY fix it. This is a chair I bought end of Feb and paid 900£ for.. Any advice welcome