Does a retailer have to declare second-hand goods as used?
Discussion
Bought a pair of leather recliner sofas from a local Furniture Village store on clearance. The only information displayed with the sofas was the price and the fact they were clearance items, which we assumed to mean ex-display (I've, subsequently, done some digging on the FV website and there's no definition of what 'clearance' actually means). We agreed a deal and were told the sofas would be covered by a 2-year warranty covering the frame and the reclining mechanisms. All good, so far.
On taking delivery of the sofas a couple of days later, I've noticed a few issues which weren't apparent when we tried the sofas out in-store. Firstly, the frame on 1 side of one of the sofas makes a very noticeable creaking noise when sitting-down or moving around. The arm section also seems a bit loose if I grab it and push/pull it. Comparing all 4 arm sections, across both sofas, 3 exihibit varying degrees of 'looseness' and 1 arm section seems pretty tight and noise-free. I'm guessing the sofas have been moved around quite a bit and something needs tightening-up. Additionally, the recliner mechanism on 1 side of one of the sofas seems like it might need some adjustment as it makes a bit of a clunk in the final bit of its travel when moving back to the upright position. Not a big deal, but something I've noticed, nonetheless.
Now, the glue that ties all this together and the reason for my post... I discovered a label on the underside of the sofas with the manufacturing date on it. The manufacturing date was November 2017, so the sofas are actually 3 years old. Needless to say, I'm feeling a bit miffed that we've been sold second-hand sofas.
Surely ex-display sofas wouldn't be more than, say, 6-12 months old. I thought about the possibility of a customer return due to a failed delivery, for example, but that wouldn't explain things, either. The only scenario I can think of is that the sofas were sold to a customer, who subsequently returned them, after a couple of years, under the Sale of Goods Act, perhaps.
So, my question is this... does a retailer have to declare second-hand items as being used at the point of sale? At the very least, I feel we've been the victim of some very sharp practice, but do we have a legal case here?
On taking delivery of the sofas a couple of days later, I've noticed a few issues which weren't apparent when we tried the sofas out in-store. Firstly, the frame on 1 side of one of the sofas makes a very noticeable creaking noise when sitting-down or moving around. The arm section also seems a bit loose if I grab it and push/pull it. Comparing all 4 arm sections, across both sofas, 3 exihibit varying degrees of 'looseness' and 1 arm section seems pretty tight and noise-free. I'm guessing the sofas have been moved around quite a bit and something needs tightening-up. Additionally, the recliner mechanism on 1 side of one of the sofas seems like it might need some adjustment as it makes a bit of a clunk in the final bit of its travel when moving back to the upright position. Not a big deal, but something I've noticed, nonetheless.
Now, the glue that ties all this together and the reason for my post... I discovered a label on the underside of the sofas with the manufacturing date on it. The manufacturing date was November 2017, so the sofas are actually 3 years old. Needless to say, I'm feeling a bit miffed that we've been sold second-hand sofas.
Surely ex-display sofas wouldn't be more than, say, 6-12 months old. I thought about the possibility of a customer return due to a failed delivery, for example, but that wouldn't explain things, either. The only scenario I can think of is that the sofas were sold to a customer, who subsequently returned them, after a couple of years, under the Sale of Goods Act, perhaps.
So, my question is this... does a retailer have to declare second-hand items as being used at the point of sale? At the very least, I feel we've been the victim of some very sharp practice, but do we have a legal case here?
Edited by ian_uk1975 on Tuesday 22 December 15:28
I think it is entirely possible that the Sofas were produced late 2017, stood in a central warehouse for 6-12 months, then spent a couple of years on display in the store?
If the item is still current in their product offerings, then I guess it will sit on display until such time as the item is no longer in the catalogue.
Big furniture chains like IKEA can often keep items in their catalogue, and therefore on display in the store, for years. I have an IKEA lamp that I bought 12 years ago that is still in their catalogue, and I guess the lamp on display in the store might possibly be 12 years old unless it has been broken and replaced during that time.
Edited to add: I just googled 'clearance furniture' and many furniture retailers say that their clearance furniture will 'show signs of wear and use as it will have been on display in the store for some time, and also may include items returned by customers'.
Seems that many retailers are more honest about what 'clearance' furniture is, but Furniture Village are not willing to give that level of detail.
Long story short: The evidence suggests it could be have been on display, and sat on, in the store for years, or it could have been a customer return.
If the item is still current in their product offerings, then I guess it will sit on display until such time as the item is no longer in the catalogue.
Big furniture chains like IKEA can often keep items in their catalogue, and therefore on display in the store, for years. I have an IKEA lamp that I bought 12 years ago that is still in their catalogue, and I guess the lamp on display in the store might possibly be 12 years old unless it has been broken and replaced during that time.
Edited to add: I just googled 'clearance furniture' and many furniture retailers say that their clearance furniture will 'show signs of wear and use as it will have been on display in the store for some time, and also may include items returned by customers'.
Seems that many retailers are more honest about what 'clearance' furniture is, but Furniture Village are not willing to give that level of detail.
Long story short: The evidence suggests it could be have been on display, and sat on, in the store for years, or it could have been a customer return.
Edited by anonymous-user on Tuesday 22 December 15:50
ian_uk1975 said:
Bought a pair of leather recliner sofas from a local Furniture Village store on clearance. The only information displayed with the sofas was the price and the fact they were clearance items, which we assumed to mean ex-display (I've, subsequently, done some digging on the FV website and there's no definition of what 'clearance' actually means). We agreed a deal and were told the sofas would be covered by a 2-year warranty covering the frame and the reclining mechanisms. All good, so far.
On taking delivery of the sofas a couple of days later, I've noticed a few issues which weren't apparent when we tried the sofas out in-store. Firstly, the frame on 1 side of one of the sofas makes a very noticeable creaking noise when sitting-down or moving around. The arm section also seems a bit loose if I grab it and push/pull it. Comparing all 4 arm sections, across both sofas, 3 exihibit varying degrees of 'looseness' and 1 arm section seems pretty tight and noise-free. I'm guessing the sofas have been moved around quite a bit and something needs tightening-up. Additionally, the recliner mechanism on 1 side of one of the sofas seems like it might need some adjustment as it makes a bit of a clunk in the final bit of its travel when moving back to the upright position. Not a big deal, but something I've noticed, nonetheless.
Now, the glue that ties all this together and the reason for my post... I discovered a label on the underside of the sofas with the manufacturing date on it. The manufacturing date was November 2017, so the sofas are actually 3 years old. Needless to say, I'm feeling a bit miffed that we've been sold second-hand sofas.
Surely ex-display sofas wouldn't be more than, say, 6-12 months old. I thought about the possibility of a customer return due to a failed delivery, for example, but that wouldn't explain things, either. The only scenario I can think of is that the sofas were sold to a customer, who subsequently returned them, after a couple of years, under the Sale of Goods Act, perhaps.
So, my question is this... does a retailer have to declare second-hand items as being used at the point of sale? At the very least, I feel we've been the victim of some very sharp practice, but do we have a legal case here?
What's your reasoning for making the leap between 2017 manufacturing date and the sofa being second hand?On taking delivery of the sofas a couple of days later, I've noticed a few issues which weren't apparent when we tried the sofas out in-store. Firstly, the frame on 1 side of one of the sofas makes a very noticeable creaking noise when sitting-down or moving around. The arm section also seems a bit loose if I grab it and push/pull it. Comparing all 4 arm sections, across both sofas, 3 exihibit varying degrees of 'looseness' and 1 arm section seems pretty tight and noise-free. I'm guessing the sofas have been moved around quite a bit and something needs tightening-up. Additionally, the recliner mechanism on 1 side of one of the sofas seems like it might need some adjustment as it makes a bit of a clunk in the final bit of its travel when moving back to the upright position. Not a big deal, but something I've noticed, nonetheless.
Now, the glue that ties all this together and the reason for my post... I discovered a label on the underside of the sofas with the manufacturing date on it. The manufacturing date was November 2017, so the sofas are actually 3 years old. Needless to say, I'm feeling a bit miffed that we've been sold second-hand sofas.
Surely ex-display sofas wouldn't be more than, say, 6-12 months old. I thought about the possibility of a customer return due to a failed delivery, for example, but that wouldn't explain things, either. The only scenario I can think of is that the sofas were sold to a customer, who subsequently returned them, after a couple of years, under the Sale of Goods Act, perhaps.
So, my question is this... does a retailer have to declare second-hand items as being used at the point of sale? At the very least, I feel we've been the victim of some very sharp practice, but do we have a legal case here?
Would that leap be the same if it had 2019 manufacturing date?
Also, why would an ex-display model be only 6-12 months old? If this model has been on sale since 2017, then it is entirely expected for the display model to be from 2017.
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