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Auction House Refund?

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  • Auction House Refund?

    On Tues 31/7 I went and viewed Lots for sale the following day. On Weds 1/8 I bid online for several items. ( I go to this Auct House every 2wks and have spent £1,000's.)
    I bid on a TV that was advertised as following 'Boxed old new stock Samsung 50'' screen plasma TV series 4 class 450 with stand'. There was 3 TV's exactly the same - but 1 did state it did not have a stand, so I didn't bid on that one.

    I successfully bid on lots of items for myself and Daughter. Due to the large amount of items and helping my daughter move house over 200 miles away it took me until 7/8 to finally unbox the TV to set it up.

    It had no remote/no cables/and no screws to attach the stand. It was after 5pm, so I rang the Auction House this morning 8/8/18 and was told by a member of their staff, their Terms & Cond state 'Bought as seen' .

    Within the hour I sent them an email to them stating that the TV was boxed up in its original packaging and was described on line and in their catalogue as 'New' stock. Also I wrote I had asked one of their staff on the viewing day ' Was the TV's new?' and he replied 'Yes. Why do you think they're boxed up"

    I said under the circumstances I thought it was unfair for them to say 'Bought as seen' as surely no one would open up a boxed 50" tv to check, especially when they themselves had described it as New.

    I also put I had bought things in the past that were faulty etc but I have never complained and under those circumstances I accept "bought as seen' and I should have been more diligent.

    I asked for a reply from them with a final decision concerning the TV. All day they have not replied.

    I thought I would go there 9/8/18 to see what could be done - but I am uncertain of my Consumer Rights. I've been looking up and reading several websites concerning consumer rights, but I'm not that clever and cant figure out who's right in this case.

    Can anyone advise me (In simple terms please) Do I have any right to a refund?

    Tags: None

  • #2
    Hi and welcome

    Goods so;d at auction must match their description.
    failure is a breach of contract and remedies are as per the consumer Rights Act 2015 (CRA 2015)

    The auction house cannot restrict your statutory rights by imposing phrases such as "sold as seen" whwen the goods were advertised as new.

    Reject the goods and demand a full refund under your short term rights.

    Good luck as I doubt they will roll over without a "discussion"

    Comment


    • #3
      Got my money back! I followed DES8 advice and informed them I knew they were wrong under the consumer rights act.

      They weren't too happy about giving me a refund, but when I turned up with the goods they had to admit I was entitled to a refund.

      Thank You DES8! Thank you Legal Beagles for a fantastic,helpful website full of knowledgeable people who kindly give their time and advice when we need it most.

      Comment


      • #4
        Fantastic !!! Well done you for standing up to them, and of course well done to Des
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          well done
          you were the one who made them back down

          Comment

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