Recently I have bought something from a website described as CLEARANCE STOCK and they won't let me return it.

They say it is me who has misunderstood what I was buying but I disagree.

Would you please take a minute to explain to me, if you were a customer, what ‘Clearance Stock’ would mean to you?

I'm trying to work out if this is a regional misunderstanding or something?

Thanks, Al :)

I would take it to mean old stock that they are trying to get rid off hence the cheap price.

Usually things bought in a sale are non-returnable/non-refundable

Hope this helps!

yep id agree with sarahlorna

You can return sale items if they are faulty and not fit to use for the purpose which they were intended. In this case it is illegal to refuse refund or exchange.

If the item you bought is quite expensive and would get in touch with the citizens/consumer advice.

usually they make it very clear when something is absolutely non returnable when you buy it but i don't know if they're within their rights to not be clear and blame it on you, hmm

Originally posted by em28
You can return sale items if they are faulty and not fit to use for the purpose which they were intended. In this case it is illegal to refuse refund or exchange.

If the item you bought is quite expensive and would get in touch with the citizens/consumer advice.
But the shop claims item was bought in error, so it may well be fit for purpose it is actually intended for. If this is the case I think you'd be hard pressed to get a refund if you mistakenly ordered the wrong item though many shops will refund out of 'good will' to their customers.
If the shop sent you the wrong item that you didnt order then you should be able to get refund/credit.

You have a legal right to return the good within 7 days of purschase, consumer rights.
If it is too late, then wack it on Ebay.

Originally posted by naps
You have a legal right to return the good within 7 days of purschase, consumer rights.
If it is too late, then wack it on Ebay.

Thats what i thought too, .....however its actually at the shops discretion.........the moral of the story is dont but anything from the Gstar shop on Division street!

Out of interest, what exactly was the 'clearance stock' you bought?

Originally posted by sarahlorna
Thats what i thought too, .....however its actually at the shops discretion.........the moral of the story is dont but anything from the Gstar shop on Division street!

Hang on, he didn't buy it from a shop, he bought it from a website...

Therefore, under the Distance Selling regs (I'll check the reg for you if you like) he can cancel the contract at any time within 7 days of making it.

If it's within 7 days, email them, cancel the contract and send it back. They'll have to refund you.

If it's not within 7 days, the normal Sale of Goods Act implied terms about satisfactory quality and fitness for purpose apply. The fact that the goods are marked "Clearance", in a sale or whatever is totally irrelevant to your statutory rights.

Originally posted by Dear_Ladies
Hang on, he didn't buy it from a shop, he bought it from a website...

Therefore, under the Distance Selling regs (I'll check the reg for you if you like) he can cancel the contract at any time within 7 days of making it.

If it's within 7 days, email them, cancel the contract and send it back. They'll have to refund you.

If it's not within 7 days, the normal Sale of Goods Act implied terms about satisfactory quality and fitness for purpose apply. The fact that the goods are marked "Clearance", in a sale or whatever is totally irrelevant to your statutory rights.

So out of interest what are your rights when buying from a shop? .., returning items that are not damaged?

Just suggests to me that they have a new line coming in and they want to get rid of older stock, as a customer you should still have the same rights, probably Southerners not understanding the way they should talk

Originally posted by marinedrift
Just suggests to me that they have a new line coming in and they want to get rid of older stock, as a customer you should still have the same rights, probably Southerners not understanding the way they should talk

Southerners... talk fine thank you! yeah you guessed i'm a Southerner... :P (no offence taken lol)

Seriously...

The returning issue of an item that is no longer required for whatever reason cannot be taken back... this is an item that is in Clearance stock... there for they need get rid...

Ive found this in shops too... if the item is in a Sale its no returnable...

Hmmm... now you have me thinking if its a Southern thing... :? damn you Northerners... :hihi:

I didn't want to add to much detail and bias the replies in any way.

Basically I bought a Mobile phone and contract online just before Xmas. The phone was listed as Clearance Stock so I assumed like above was excess stock hence the cheap deal.

The item arrived promptly but when I opened it found the phone to be selophanes to a branded cardboard backing and actually a pre-used 'good as new' item.

I took it out of the wrapping and wanted to know if it worked not being new, as was concerned I'd been given a previously faulty item. Battery in, was already fully charged. (now here was my mistake) simm in, called my other mobile, it rang, so I cut the outgoing call off so as not to incur any costs.

Anyway I decided that I didn't want to be paying a conciderable amount of money for a 2nd hand phone, I wanted a new one that I though I was getting for the money, but because I had 'used' (ie called out, but not answered) my second hand phone they say I can't return it, even within the 7 day grace period. They refused to to give me a return code and say if i return it without one will be charged for the postage back to me.

I've tried citisens advice which directed me to trading Standards, who agree the website may be misleading but been advised to wait for the reply to my written letter of complaint I sent to them. (I didn't want to complaint but they blocked my every attempt to resolve the issue). I don't know what else to do in this sense or how to take it forward tbh.

Today I spoke to the complaints department and they basically said they are the ones that deal with these letters and when they read it I'll get a reply saying the same thing, no return because its used.

I managed to get a name of a Managing director (slipped ou in convo so I wrote it down) but they are hiding behind the customer Support department who refuse to forward my complaints and letters to them. I have mailed to him but doubt will get a reply.

Looks like I'm stuck in a 18 month contract (I thought it was 12 months, would have cost £150) with a second hand phone, and going to cost me approx £300 for the pleasure!

I'm so frustrated that I have allowed myself to get in this situation :(

I think sometimes 'clearance stock' can also include things which have been returned unused by previous customers for whatever reason, in which case the packaging may be disturbed and so on. How do you know it was 'pre-used' rather than just a shop return?

Having said that, it's usually pretty obvious from the website whether things are new or returns; for example Richer Sounds are one of the ones who do this (I'm pretty sure) but it's always crystal clear what you're getting.

As I see it this hinges on s 13(1) of the Sale of Goods Act - where goods are sold by description (as in this case), there is an implied term in the contract that the goods will correspond with the description.

The term "Clearance Stock" does not, to my mind, imply that the goods are second-hand. If I were you I would have a close look at the website to see if this term is defined anywhere. I would argue that "Clearance Stock" suggests only that it is stock which they wish to clear quickly, but says nothing at all about the quality of the goods. If the phone is second-hand/reconditioned/catalogue return/"good as new", that should have been spelled out.

They are likely to argue that your use of the phone means that you have accepted the goods. I think you may have a case for saying that your limited use (simply testing whether it worked) does not constitute acceptance. If you've been making other calls on it, that would be another matter.

Your case would be stronger if you contacted them within the seven day cooling-off period, but if you think that the goods didn't correspond with the description on the website, then the seven days doesn't matter - send it back and cancel the contract.

I suggest you take further advice on this from Trading Standards. At first glance, you might have a case. But don't make any more calls on the phone!

Originally posted by sarahlorna
So out of interest what are your rights when buying from a shop? .., returning items that are not damaged?

Basically the goods should be as described, of satisfactory quality and fit for the purpose you bought it for. If you didn't make the purpose known at the time, it needs to be fit for the purpose the item would usually be for. If you tell them (ie "it's for a present, can he bring it back if it doesn't fit?"), then they're obliged to take it back.

These terms can't be excluded, so policies like "no returns on sale goods" are worthless - if it's defective/not fit for purpose, you can return it, sale or no sale.

Most shops will refund items out of goodwill, whether they're defective or not - if in doubt, get it from Argos!

I read that you have spoken to Trading Standards,
But have you rang and spoken to Consumer Direct.
08454 040506
or
www.consumerdirect.gov.uk
they may be able to help.

www.consumerdirect.gov.uk

Not 100% sure, but i belive you get a 28 day cooling off period with contracts, even if the item has been used.

Best talking to CAB

Originally posted by Dear_Ladies
Basically the goods should be as described, of satisfactory quality and fit for the purpose you bought it for. If you didn't make the purpose known at the time, it needs to be fit for the purpose the item would usually be for. If you tell them (ie "it's for a present, can he bring it back if it doesn't fit?"), then they're obliged to take it back.

These terms can't be excluded, so policies like "no returns on sale goods" are worthless - if it's defective/not fit for purpose, you can return it, sale or no sale.

Most shops will refund items out of goodwill, whether they're defective or not - if in doubt, get it from Argos!

With goods that are not damaged etc..it is at the shops discretion.

My mother bought a item of clothing from the Gstar shop in the sale and it didnt fit the person she bought it for so she took it back to the shop,...
They refused to refund,exchange or give a credit note!!

Originally posted by sarahlorna
With goods that are not damaged etc..it is at the shops discretion.

My mother bought a item of clothing from the Gstar shop in the sale and it didnt fit the person she bought it for so she took it back to the shop,...
They refused to refund,exchange or give a credit note!!

As I said above, if the goods are not fit for their purpose, it isn't at the shop's discretion. The problem is making the purpose known at the time of purchase. If you make clear that it's a gift, and may not fit, and the shop goes ahead with the transaction, then they should give you a refund if it doesn't fit.

Section 14(3) of the Sale of Goods Act:

"Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known... to the seller... any particular purpose for which the goods are being bought, there is an implied [term] that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied."

One thing which you should always bear in mind is that the fact that goods are in a sale makes no difference whatsoever in the eyes of the law, whatever the retailer might say.

Thanks for your replies, I have just sent a written letter via recorded delivery to the Managing director, and yesterday wrote to BBC watchdog.

I'm going to try consumer direct as listed above now.

:)

Originally posted by AlquarUK
Thanks for your replies, I have just sent a written letter via recorded delivery to the Managing director, and yesterday wrote to BBC watchdog.

I'm going to try consumer direct as listed above now.

:)

Consumer Direct will NOT take any action against the vendor for you. All they can do is to advise you on your legal entitlements and if you want to take action about your concerns they will then refer you on to trading standards. My experience of trading standards leaves much to be desired.

I think Dear_Ladies' advice is very sound and I'd send everything by Recorded Delivery, get a print out of the web-site because I'll lay odds that they'll change the content to suit themselves and you wont have a leg to stand on.

Good luck.