Shops selling used or returned items as new

Vic_08

I am sick of this carry on, certain retailers seem to think it is acceptable to re-stock returned, used items and sell them on to the next customer as new.

I can't be the only person to have this happen to on a semi-regular basis, I am not exactly the world's biggest consumer but have had this happen numerous times.

Argos seem to be a regular offender, I have had 4 used products from them in the last few years, no doubt due to their returns policy and the way some people abuse it but other retailers are at it too.

Is there any way of getting compensation above a simple refund in these cases? Will the SCC accept a claim for my expenses in returning the item as well as a reasonable payment for wasting my time and attempting to defraud me?

Faulty goods are one thing but this is a deliberate attempt by a retailer to pass on their losses to customers, I don't think just giving a refund is a good enough response.

slimjimmc

You can ask them to replace the item with a new one (e.g. in factory sealed packaging) or you can look for a partial refund/price reduction to reflect the lower value. If they can't or won't do that then you rescind the contract for a full refund. Ultimately you can go to the SCC to seek a remedy for a breach of contract (received a used item when you believed you were getting a new one).
While the SCC can consider reasonable losses arising directly from the breach (e.g. phone calls) afaik they won't entertain any claim for other compensation. For example if it was necessary for you to take time off work to deal with the situation and suffered a loss in income as a result then you may be able to claim for that. On the other hand if you could have dealt with it in your own time then I doubt they'd award you for that. I certainly don't believe you can receive compensation for wasting your time, or to punish the seller, etc. If you want that then afaik you'd need to take a full civil case through the District Court proper.

delahuntv

Why not check the goods before you leave?

Also, if Argos are a "regular offender" why do you still shop there? The best form of "punishment" for a retail store is to take your business elsewhere.

ytpe2r5bxkn0c1

+1 on checking in store. I have never had this problem at Argos or anywhere else. Is there a specific example in mind here and circumstances that prohibited examination of the goods in store?

total former

If shops weren't allowed to re-sell returned goods, the only possible outcome is that every shop would simply give you your statutory rights and nothing more.

If somebody returns an item simply because they've changed their mind, and the shop refunds them but then has to dump the stock or sell it at a discount, how long do you think the shop will keep their returns policy in place?

The SCC would laugh you out of it if you lodged some sort of claim for damages over this, and rightly so. What exactly do you think you should be compensated for?

ben.schlomo

total former wrote: »

If shops weren't allowed to re-sell returned goods, the only possible outcome is that every shop would simply give you your statutory rights and nothing more.

If somebody returns an item simply because they've changed their mind, and the shop refunds them but then has to dump the stock or sell it at a discount, how long do you think the shop will keep their returns policy in place?

The SCC would laugh you out of it if you lodged some sort of claim for damages over this, and rightly so. What exactly do you think you should be compensated for?

Well said.

dudara

@ben.schlomo - you can use the thanks button to indicate agreement - no need for a post that doesn't add anything.

dudara

1983211

Many businesses sell used products with discount on ebay. I think even Argos in UK does. It certainly is not fair to sell used, return product as new.

Some shops also describe some products as 'open' but check them for any defects and sell them with discount.

On one hand they want people to shop there with confidence that they can return products for full refund, it brings them extra sale, but they need to absorb the cost of it themselves.

In Tesco I often see electrical products with open boxes and I would never buy such product for full price.

TheDoc

Depends what you are saying in terms of "used".

Most shops have a policy where they will accept goods back in an return period, and then will resell them. And part of that store policy outlines the items must be in re-salable condition.

So you might get a game that isn't in the original wrapper, or some item that is missing some seal or packaging, but hasn't been used and is in perfect working order.

If you got some bedsheets with stains on them or something, I'm with you 100%. But I'd say you are best checking items before you leave the store and insist on factory sealed brand new items if it annoys you that much.

rubadub

1983211 wrote: »

Many businesses sell used products with discount on ebay.

I got about a grand knocked off a dell laptop on ebay, sold by dell. Full warranty etc and it was sold as scratched.

I didn't care much as I do not take good care of stuff, but I was still expecting the worst. But the scratch on it was so minor I would have spotted it but definitely would not have bothered complaining to them. It was in a much worse state after the first week!

You could tell shops the item is meant as a present and to be sure its not been opened.

Vic_08

delahuntv wrote: »

Why not check the goods before you leave?

So the onus is now on the consumer to investigate if the retailer is selling products as described before accepting them?

delahuntv wrote: »

Also, if Argos are a "regular offender" why do you still shop there? The best form of "punishment" for a retail store is to take your business elsewhere.

Nonsense argument, unless you are suggesting providing used goods instead of new is perfectly acceptable.

Daisy Whispering Dream wrote: »

+1 on checking in store. I have never had this problem at Argos or anywhere else. Is there a specific example in mind here and circumstances that prohibited examination of the goods in store?

A mate bought an air conditioner from Argos, I went along to help transport it as it was heavy, got it home and it was damaged, it was also obvious it had been out of the box already and worked on badly.

I bought an e-reader which was on sale, only 1 left. It had a sticker stating "opened and examined, Quality Control" on it. It was in anything but as new condition. It had been used and was still registered in the previous owners name and e-mail, the manual was torn and it reeked of stale cigarette smoke.

By far the most brazen example I can think of was a laptop a relative bought from a now defunct store that magically booted straight into an already registered copy of windows on first start-up. Worked out it was the display model from their store that they had re-boxed complete with 8 months worth of continuous use and the marks from manhandling you would expect from that. I was asked to look at it because it did not work as stated in the manual re first use. I took it straight back and got a replacement NEW model as well as a large discount from the store manager.

total former wrote: »

If shops weren't allowed to re-sell returned goods, the only possible outcome is that every shop would simply give you your statutory rights and nothing more.

If somebody returns an item simply because they've changed their mind, and the shop refunds them but then has to dump the stock or sell it at a discount, how long do you think the shop will keep their returns policy in place?

If stores want to offer those policies then that is their prerogative, I do not wish to be used as the dumping ground for their soiled goods, nor do i think I should have to play detective with every purchase to ensure I am not being duped.

I find the statutory consumer rights to be more than enough without extra returns policies anyway so if that is the trade-off then fine by me.

ytpe2r5bxkn0c1

Lord, you're unfortunate!

Vic_08

1983211 wrote: »

Many businesses sell used products with discount on ebay. I think even Argos in UK does. It certainly is not fair to sell used, return product as new.

Some shops also describe some products as 'open' but check them for any defects and sell them with discount.

On one hand they want people to shop there with confidence that they can return products for full refund, it brings them extra sale, but they need to absorb the cost of it themselves.

In Tesco I often see electrical products with open boxes and I would never buy such product for full price.

Exactly, I was beginning to think that expecting new products to actually be new was some sort of abnormal trait I had picked up.

If only I knew there were so many bordsies that were happy to pay full whack for used stuff I would have put half the contents of my house up on adverts already.

kerry4sam

It happened me once in Argos. Bought a mini flat-screen tv just for using my wiiU. When it arrived at the counter for me, reserved the day before online by me, I thought twice about taking it but did anyway.

After opening it and unpacking everything the only real noticeable difference that it was opened before by someone else was the condition of box (has no effect on working tv) ; some torn wrapping surrounding my remote (again, no effect on working tv) ; no issue what-so-ever with what I bought or its' intended use.

I'd have no issues buying something else of similar condition i.e. pre-opened by someone else as opposed to being sold packed/factory sealed.

Thanks,
kerry4sam

Gandhi

I've had issues with this a few times. Electrical parts from a hardware shop (timer switches etc) that had wires attached that had to be cut to size, had already been cut far too short by someone else, and then returned. Other items had a few sets of mounting screws (you'd use one set depending on whether you were mounting to wood, masonry, or sheetrock), and the first buyer had thrown out the ones they did not need (which I did), and then returned it with the screws missing. These are often in unsealed boxes so you can't see that they've been interfered with until you are home and up a ladder, well after the shop has closed for the day.

Years back I used to work for a painter and the bane of our existence was people who would buy a can of paint and add water to it to use a sprayer. They would then realize they had more than they needed and returned the water-thinned can of paint. It was only when you would start stirring the paint at the job site you'd see it bubbling and notice it had been water-thinned. Then we'd return it, explain why, and they would just put it right back up on the shelf for someone else to buy. The worst was when they had used it as a base for coloured paint, and did not want to let my boss return it at all. PITA.

L1011

Gandhi wrote: »

Years back I used to work for a painter and the bane of our existence was people who would buy a can of paint and add water to it to use a sprayer. They would then realize they had more than they needed and returned the water-thinned can of paint. It was only when you would start stirring the paint at the job site you'd see it bubbling and notice it had been water-thinned. Then we'd return it, explain why, and they would just put it right back up on the shelf for someone else to buy. The worst was when they had used it as a base for coloured paint, and did not want to let my boss return it at all. PITA.

This is why every chain hardware store now tape seals the cans, thankfully. Pity they're usually far dearer than places that don't bother!