Refurbished goods sold as new!

[Happyolddog]

Last week I bought a pair of bedside cabinates from a well known catalogue store, they were solid oak self assembly units. the original price was £75 each, these had been reduced as they were an end of line product. I opened the first one and assembled it, noticing a few repairs to the unseen parts, I ignored these and continued to assemble the second, this also had repairs to some inside parts. After finishing the cabinates I pointed out the repaired areas to the other half and decided to phone the retailer and complain about the falts. The fella on the phone was very nice and said I could return them for a full refund or he would credit my bank account with £40 as a gesture of goodwill. I accepted the £40, thinking to myself 'RESULT'. I then got an online customer satisfaction form sent to my inbox. I filled it out and said the law states that if good are repaired they should state that they are factory repairs and not be sold as new. Today I got an E-mail saying sorry for any distress caused and a full refund of £150 would be credited to my bank account within 3 days. So I paid £75 for two cabinates and they have returned £190, is it my duty to point out their mistake or do I keep my mouth shut and hope they don't spot their mistake? Also the cabinates look great and it is impossible to see any repairs.

[Mochamoo]

Re: Refurbished goods sold as new!

Nice one!

[Guest]

Re: Refurbished goods sold as new!

Technically this would be classed as money paid under a mistake of fact and the retailer would be entitled to recover it in full. (Kelly v Solari 1841)

However, since the £40 was paid as a "gesture of goodwill" this would probably be paid without any acceptance of liability and as such, would be considered to be a gift.

Presumably they have offered you a full refund without asking for the return of the products?

[Happyolddog]

Re: Refurbished goods sold as new!

Technically this would be classed as money paid under a mistake of fact and the retailer would be entitled to recover it in full. (Kelly v Solari 1841)

However, since the £40 was paid as a "gesture of goodwill" this would probably be paid without any acceptance of liability and as such, would be considered to be a gift.

The £40 was a goodwill gesture, they did offer to collect the goods and give a full refund, but as the cabinates looked ok I kept them.

Presumably they have offered you a full refund without asking for the return of the products?

Thanks.

[shas]

Re: Refurbished goods sold as new!

I think you should do whatever's necessary in order for you to sleep at night

Its a blatant pay off because theyve been naughty! Enjoy the £ & the furniture

[TANZARELLI]

Re: Refurbished goods sold as new!

Result!!!!!!!!

[Tools]

Re: Refurbished goods sold as new!

:tape2:ainkiller:eep:

[charitynjw]

Re: Refurbished goods sold as new!

Er.......Which shop where? (Just out of interest, you understand.............)

cnjw:whistle: