RE: Need legal advice?

["Mark Marooth" <MMarooth@xxxxxxx>]

Tony,

Different ball game with second hand goods, you can (read should) sell 'as
is'
unless you are a real honest to goodness merchant. But, you (buyer) still
have
rights under that Trade Descriptions Act regarding fitness for purpose.

SWMBO parents sold a second hand fridge which did not work on arrival at
it's
new home.  They had to return the money and accept the fridge
back.  The
dodgiest area here is the used car market.

It's a fine line.  Just cribbed this off the Laser web site (Hope they
do not
mind :-)) and is a great example of T&C'c of sale

                                                                               
Returns & Warranty
Policy                                                     
                                                                               
                                                                               
You have the right to cancel your order during the period beginning on
the     
date you placed your order and ending on the date 7 working days after
the     
date on which you receive the item(s) comprising your order. Your right
to     
cancel means that if, for whatever reason, you are not completely
satisfied    
with your purchase, you may contact us within this period to cancel
your       
order. In the event that you cancel an order before the item(s) have
been      
despatched to you, we will give you a full refund of any monies paid within
30 
days of receipt of notification from you that you wish to cancel your
order.   
In the event that you cancel an order after the item(s) have been
despatched   
to you we will give you a full refund within 30 days of your having
returned   
(at your cost) the item(s) to us in an unused re-saleable
condition.           
                                                                               
                                                                               
Each item is sold by us with 12 calendar months' limited warranty from
the     
date of invoice against manufacturing defects and workmanship, providing
the   
item has not been misused, disassembled or otherwise altered. All
other        
warranties in respect of the items sold by us, whether expressed or
implied,   
are excluded to the fullest extent permitted by law. Any faulty item should
be 
returned to us for a full refund of the original purchase price
(excluding     
shipping and handling
charges).                                               
                                                                               
                                                                               
Any refund in relation to a credit card order will be in the form of a
credit  
to the credit card account used for the original
purchase.                    
                                                                               
                                                                               
These terms and conditions are not intended to prejudice your statutory
rights 
and shall be governed by, and construed in accordance with, English
law.       
                                                                               





Mark



--------+------------------------>
       
          "BUTLER,
Tony,
       
         
FM"           
       
         
<tony.butler@xxxxxxx
       
         
bos.com>      
       
                       
       
         
30/05/2002    
       
         
13:49         
       
          Please respond
       
          to
ukha_d     
       
                       
--------+------------------------>
 
>----------------------------------------------------------------------------
 
                                                                           
        To:    
"'ukha_d@xxxxxxx'"
<ukha_d@xxxxxxx>          
        cc:     (bcc:
Mark
Marooth/SCOTIA)                                   
        Subject:     RE:
[ukha_d] Need legal
advice?                         
 
>----------------------------------------------------------------------------




> The return on fault is very much based on the amount of
> warrenty provided by the
> manufacturer.  You can however indicate that returns are to
> your supplier and at
> the expense of the customer until the fault is proved, that
> is not a problem.
> Customer either accepts this condition of sale or does not
> buy from you.

Mark,

There is also the issue though of whether or not the supplier will
accept
the returned goods on the basis that they dealt only with the middle
man
(the seller) not with the end user.
What happens though when an individual sells something 'second hand' to
another individual?  The second indiviual does not go back to the
first for
recompense if the item becomes fault in 6 months time.....

> It's a fine line which is why most shops will accept opened
> items by giving you
> vouchers.  They are demonstrating good will but also insuring
> that you spend the
> money with them, again.

Yeah - very annoying that.  I had a DECT phone that became faulty
within
it's warrany period.  By the time The Link had finished faffing
about,
Philips stopped doing that model and the nearest equivalent was about 


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£50
cheaper, but nowhere near as feature rich.
If I accepted this as a direct swap, I would in effect have paid £50 more
for this new model than it was worth, so I asked for a refund of the
difference.
They gave me vouchers - valid for 6 months or a year (can't remember), but
as I wasn't going to buy another phone in that time frame, they were
utterly
pointless and I in effect lost that money.  They couldn't refund cash
because that was not company policy - grrr!

tony


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