Sold as seen (further damage after purchase)

[An0therQuestion]

I need help, opinions, guidance…!

On the weekend I went to a furniture store and purchased a dressing table with drawers and a mirror attached above. The item was ex-display and although the odd nick (in places you wouldn’t see) the unit was in amazing condition and I agreed to buy the item for £106 sold as seen. The sales assistant advised she would have someone break the unit down for me to collect the following day.

When I arrived, the sales assistant (different to the day before) advised they needed to speak to me as there was some damage caused by them during the dismantle; the person dismantling the furniture dropped the mirror and it split and dented the top of the unit/dressing table causing quite considerable damage. The lady advised they would knock a further £30 off, or I could have a refund.

In between buying and collecting the new unit I had already got rid of the furniture this new item was replacing, therefore a full refund and walk away with nothing was a disappointing option and so I asked if they were able to replace the top of the unit that they had caused damage to and of so I would pay the same cost as initially agreed. I was advised this wasn’t an option as the unit was no longer in stock which is why this was being sold as ex-display. After much consideration I reluctantly agreed to the extra discount and took it home.

This morning however, I have since found out that the unit IS still available, albeit on clearance (not as ex display).

Am I bring unreasonable to call the store and ask them to replace the top of the unit one of the same units they have in stock due to the fact that the damage to this area of the unit was caused by them after I had paid and left the shop. Or have I missed my chance being as I agreed to the further discount after being told this unit was no longer available?

As per my offer yesterday, I am happy to repay the extra discount back, if the store can provide a replacement top for me as this would mean they would be providing me with an item in the same condition that I bought it in initially, and they would get the money I agreed to pay in the first place.

image 1 is at time of purchase
image 2 shows damage caused to top of unit

I doubt you can negotiate now. You took it as it was, with the discount, and these are normally non returnable, is it possible to flip the top over so the damage is underneath?

It's annoying the item is still available. I think you should ring up and say you wouldn't have accepted the damaged item if a replacement was available. I doubt they will repair your item as it wouldn't be cost effective for them. Return it for a refund and buy one of the ones in clearance.

They won't just replace the top as then they'll have a unit they can't sell because it doesn't have a top.

They were selling this off cheap just to get rid of it. If you wanted an item not dented you could have got a refund and brought it new.

No I don't think they'll do that. They offered a refund or a partial refund. A replacement wasn't an option. Available or not.

There’s no incentive for them to do anything further. They offered you a new price based on further damage and you accepted. Makes no sense for them to mess around and create another damaged unit to try and shift.

I doubt they will do anything, buying sold as seen usually has a caveat that you've accepted the item and you can't return or refund.
If you had found out it wasn't fit for purpose then you might be covered by consumer rights.
Could you try and repair it?

Sadly I think you've missed your chance. You received what you agreed to buy..

As you took it out the shop thats the end of it I'd imagine.

Can you fix it with kintsugi or cover the top in marble effect fablon or something?

Maybe look on Pinterest for ideas?

No, because they’ve met their obligation under the Consumer Rights Act when they offered you a refund or discount. They could have offered a repair if they wanted (it’s irrelevant whether the item is in stock or not tbh, in terms of the law anyway) but you as the consumer don’t have the right to demand which option they take as long as they have met their obligation and also under the Act, they don’t have to agree to a repair anyway if it is disproportionately expensive for them.

I agree with the first poster. Had they told you the truth - that the item actually was available as a clearance item then it's highly unlikely that you would have taken the one they broke.

I would call them and state that you bought it based on incorrect information and that you'd like to return so you can buy the undamaged one in its place.

YABU, they offered a discount and you took it.

Just use some wood filler on the crack.

I haven’t made that bit clear, sorry. The original cost was £400, the clearance cost is £250, the ex display was £100 (later reduced to £70 due to the damage caused by the shop).

To clarify other people’s responses, I was told it wasn’t an option to change the top due to it not being in stock. From that wording I was holding hope that had she known it was in stock (she didn’t check just said it wasn’t), that they would have rectified the fault this way rather than discounting further.

I’m under no illusion that it was still a bargain btw, just a little disappointed that this happened

I don't think they would have changed the top because that wouldnt be cost effective for them. Wluld you rather have your £70 back and purchase the clearance item for £250. They might agree to that. But I think once you accepted the further discount for the damage you haven't much comeback legally.

I think you're being a bit unreasonable tbh to expect them to pull apart an item that they're currently selling for £250 to repair an item that they were selling for £100 - they were quite reasonably never going to do that.

Which would you prefer? The item you have in the state it's in for £70 or a pristine item for £250? Or a refund of your £70 and walk away. Those are your choices.

If what you have (£70 for a damaged item) isn't your preferred option, then you shouldn't have accepted it.

Well it wasn’t exactly asking to pull it apart, it was taking a flat pack item out of the box to replace with the (now) flat pack item they damaged through negligence.

I understand I accepted the new price and the damaged unit, and I’m not so much as complaining as such, was just wondering peoples views really ☺️

But they would be losing £250 on a potential sale to make good an item they had discounted down to £70. It wouldnt make any sense for them to do this.

I would fill that crack and either paint the top or even expoxy resin it. It was and still is a bargain! Neither option is hard to do or expensive and youd have something unique to you

You can always ask but you should have double checked whether it was still in stock before accepting the new discount. I don’t think they will replace it now and tbh £70 for a £400 item is a bargain, even if it is slightly damaged.

In which case, you were asking them to sell you a £250 item for £100, which obviously they aren't going to do. The flat pack item in the box was not ex display, was in perfect condition so why on earth would they sell it to you for £100 when it retails at £250?

You bought a damaged ex-display item, which is why the price was reduced. Further damage happened to it, which is why they reduced the price further. If you wanted the flat pack, perfect condition not ex display item you could have bought it...for £250.

You can get a "Magic man"/French polisher to try and improve the look of that crack. They aren't cheap though as they usually charge a day rate.

I'd fill the hole with wood filler so the surface is even and then get some self-adhesive wood effect vinyl to cover the entire top. As it would piss me off looking at it every day. You can get rolls of the vinyl for not much money on places like amazon.

I’m not asking for them to sell a £250 item to me for £100? I was asking them to replace ‘A’ panel they damaged after I paid (and therefore owned) the item.

If you bought a car from a dealership and on the day of collection the seller advised they had damaged the paintwork on one of the doors… would you straight away accept a full refund (knowing your unlikely going to find something similar in the same budget) or would you perhaps ask them to repair the paintwork that is now damaged?

You would likely ask them to repair the damage they caused at THEIR cost as they have the means to do so, and after all, the damage was caused by them on their premises AFTER purchase.

Yes, they could offer you a discount rather than a repair; and of course paint damage wouldn’t affect how the car operates, but it means the car is no longer in the condition you first saw it in and bought the car in, and was so chuffed about, and THAT tarnishes it a little.

In my eyes, it’s no different, just a higher value item i have used in comparison…

… anyway I guess that’s here’s nor there, i’m just a little disheartened which I’m sure anyone would be.

Thankyou for the comments x

Can you fix it with kintsugi

That is peak MN!! (Good suggestion, though )