Sold as seen, as is, no returns

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Many rogue traders use these terms when selling something that is duff, defective etc...

These terms have NO legal standing what so ever.

'Sold as seen' is innapropriate unless youve visually inspected the item which is unlikely, even then it only have moral and pehaps ethical standing, not legal. Many people put this on reciepts when they sell something unaware that it means absolutley nothing.

Importantly though if something is advertised correctly i.e "item doesnt turn on" and "sold as seen" then you cant return it if it doesnt turn on, because this was specified. However if it doesnt turn on AND it's severly physically damaged but this isnt specified then you have a legal right to return it because of the physical damage.

The same applies for 'As Is'. This is a popular abbreiviation for 'Sold as is advertised'. Same as above really, if the damage is specified acuratley then it would be hard to return the item.

If an item has very little description and simply says 'sold as is' or 'sold as seen' but they've not made any effort to list the damage you can still return it. Damage needs to be specified to a reasonable extent.

I decided to write this after a seller advertised an Apple Imac that I bought and later had toruble with when it arrived. The ad showed a photo of a working computer. The ad said that it turned on but other than that he knew nothing about it therefore sold 'as is'.

Upon arrival It didnt even turn on, I called him and he said 'oh well I said sold as is'. But he specifically said it turns on and it doesnt. Julian Lyons you know who you are (his dad owns Legends nightclub in Manchester therfore he thnks he can do whatever he wants including hanging up on me, ignoring paypals square trade emails and refusing to pay)

WHAT TO DO???

Dont return the item straight away, get the seller to agree to your refund terms first which may include return postage and packing, get this in writing, an email is fine. You may want to take photos of the damage.

(Before you return the item)

Call you local court and ask for a small claims pack. This cost nothing. Fill it in with the sellers/buyers details. You will need to attach copies of emails and the advert, part of the form will ask you to give details.

Photocopy everything and send it to the person as a warning that if they dont co-operate within a reasonable time period that you will send the form off. Tell them that this will incur a further £60 plus any expenses like the photocopying, postage costs etc. Also tell them that they dont have to appear in court, they could just ignore the investigation, in which case a decision will be made in their absence. Then tell them that the court will write to them asking for the money to be paid to them, (the court then pay you). Tell them that if they ignore the letter then the courts will instruct debt collectors who can charge up to £120 to write to them, as much as they like if they visit. Then if no payment is made bayliffs will be called by the debt collectors incurring more costs. Sooner or later they have to pay and it, you will still get the original amount but all of the above people will want paying for their time. It can costs hundreds.

If you havnt sent the item back then tell them you also want payment for return postage (if with royal mail) If the seller used a courier then they can call the courier office and arrange for it to be returned at their expense. You can still claim while the item is in your posession as long as it is openly available to be collected should the seller want it back. If they dont collect it within a legal timeframe you can keep it or bin it.

Hope this helps, dont get messed around, be straight in your emails, be factual, use long words make it sound like your educated in law and that sooner or later you will get your money back and it makes no odds to you when.

This usually gets the result you want...

Good luck

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