Any consumer rights experts
Any consumer rights experts
Author
Discussion

MuffDaddy

Original Poster:

1,505 posts

235 months

Friday 5th August 2011
quotequote all
I bought a table from the Habitat sale last week, it was sold as seen, between purchase and delivery it has been scratched on every panel and legs. The administrator isn't interested, customer services say talk to the administrator.

What options are available. Surely sold as seen doesn't allow for further damage?

E30M3SE

8,493 posts

226 months

Friday 5th August 2011
quotequote all
How did you pay for it? Credit card, if so speak to your card company.

MuffDaddy

Original Poster:

1,505 posts

235 months

Friday 5th August 2011
quotequote all
Yes I did, good thinking.

Ozzie Osmond

21,189 posts

276 months

Friday 5th August 2011
quotequote all
MuffDaddy said:
I bought a table from the Habitat sale last week, it was sold as seen, between purchase and delivery it has been scratched on every panel and legs.
I'm sorry to say that unless you can somehow prove the damage occurred after you bought it - or that it's not the same table - you don't have a leg to stand on.

MuffDaddy

Original Poster:

1,505 posts

235 months

Friday 5th August 2011
quotequote all
How about a photo taken of the table?

Aphex

2,160 posts

230 months

Friday 5th August 2011
quotequote all
You may struggle with your card company. Being sold as seen, was there damage beforehand? Of so is it documented anywhere?

Jakg

4,041 posts

198 months

Friday 5th August 2011
quotequote all
AFAIK you can't buy from a company as "sold as seen" - the business still has it's obligations under the Sales of Goods act, which they can't negate with "sold as seen"

Ozzie Osmond

21,189 posts

276 months

Friday 5th August 2011
quotequote all
Jakg said:
AFAIK you can't buy from a company as "sold as seen" - the business still has it's obligations under the Sales of Goods act, which they can't negate with "sold as seen"
Yes you can, provided the condition of the item is apparent and the price reflects that condition. With a table there are no hidden expensive workings and everything is visible. The OPs problem is proving that the damage occurred AFTER he bought the table and not before.

Where your applies is, say, buying a car. If it has a dented wing and is "sold as seen" you can't go back and ask the seller to repair the wing afterwards under warranty. However, if the engine seizes on the way home you could still require the seller to repair the engine under warranty.