Is it legal for Argos to sell used/reconditioned items as new?

Or for shops in general even. I believe we've been sold a pre-used item by Argos (that should have been new). Are they allowed to do that?

Simple answer is no.

Not unless they tell you its used or exdisplay or something.

http://forums.moneysavingexpert.com/showthread.php?t=628297

I seem to remember someone, maybe Watchdog, mentioning Argos did this often.

it has to be labeled as reconditioned or else they breaking the trades description act

Makes sense that they would do this (with all the stock they must get returned). We may just keep the item; but just as a point of interest, what recourse would someone have if they've been sold a used item by Argos? Is it worth reporting to trading standards or someone?

EDIT: Also, it wasn't labelled as being used or reconditioned etc. There was no indication that we were not buying a new item.

From reading the other stories about this on MSE I would guess that TS would be satisfied that Argos replace the item with no arguments. Argos seem to be offsetting giving out used goods as new with their no quibble policy, I.E. these accidental used items get into the stock because they replace or refund lots of items due to their lovely and nice policies.

Or for shops in general even. I believe we've been sold a pre-used item by Argos (that should have been new). Are they allowed to do that?

What makes you think its been 'pre-used'?

If the item has been previously sold but not used, is in correct working order and fit for purpose and complete, then they can re-sell it as new. However, if its been CLEARLY used, then no, they cannot re-sell it as 'new'.

Even if the item has been on display, it can still be sold as 'new'. It hasn't been sold previously and used, only removed from it's packaging.

It's the state of box it's in. Very shabby, and also one of the polystyrene blocks inside the box, that hold the item in place, has broken, and a piece missing. The item itself, doesn't look that bad to be honest. As I said, we're likely to just keep it, as it wasn't that expensive anyhow, so hardly worth the fuss of returning etc.

I didn't realise that shops can sell ex-display stock as new. Are you sure that's correct?

Thanks,

It depends on the item and how it's displayed. If you walked into a shop and could pick up a display item, see how it worked and used it etc...for example a laptop...then it has been used, so it would have to be described as such. But if for example it was simply removed from the box to be displayed behind a counter or in a cabinet, then it could be sold as 'new' because it hasn't been used. It maybe that your item has been on display and they haven't stored the box very well...which would explain why it looks a bit shabby. Is it an item that could be 'tried out' if it was put on display??

It depends on the item and how it's displayed. If you walked into a shop and could pick up a display item, see how it worked and used it etc...for example a laptop...then it has been used, so it would have to be described as such. But if for example it was simply removed from the box to be displayed behind a counter or in a cabinet, then it could be sold as 'new' because it hasn't been used. It maybe that your item has been on display and they haven't stored the box very well...which would explain why it looks a bit shabby. Is it an item that could be 'tried out' if it was put on display??

I'm not really sure how that works. If you go to buy a new car and the dealer doesn't have a demonstrator for a particular car, they will simply stick trade plates on a new car and take you round the block in it. So I suppose a new car can in theory have been used by a dozen other people before you buy it.

What about clothes you return ? - whether to the shops or to catalogue companies ? - they'll still sell you them with no mention of them being 'returns'.

Had a few problems with Argos, in particular a clock that had obviously been significantly used by someone else, they did change it without argument, I always try to look at box when I get it and before I take it out of the shop to see if it has previously been opened.