Discounted stock and Sale of Goods act

Butch Cassidy

I recall reading that in a case where a product is discounted the full weight of the act and normal consumer rights don't apply. Is this the case?

Am I also right in thinking that for stock to be marked as a sale item it must have been for sale at a full price for X amount of days?

My conundrum is this: Xtradeal are selling a few dozen Playstations for €200. The retail price elsewhere is around €300 but this Playstation is no longer in production. Do full consumer rights apply here?

Someone on another thread said they were unused stock from Xtravisions around the country however, this particular shop was not selling these units in the past 30days ergo €200 is surely considered full price and not "discounted" ?

BrianD

Your consumer rights are exactly the same as if you bought it outside the Sale period. If the product turns out to be faulty then you are entitled to a refund, repair or replacement. Refund is at the price you paid for it.

The shop does have to have had the product at the higher price for 28 days before it's advertised as a "Sale" item. They can't suddenly stock it and advertise it as a "sale " item.

Of course they may be advertising the price in other words than "sale",

slimjimmc

Does the promotion claim a discount, or are just assuming the word "sale" implies a discount (because you'd be wrong if you did). The price must have been higher (for I think 30 days) only if a discount was advertised on that item.

Regarding consumer law, full consumer rights apply regardless of sale, promotion, discount or out of date items.
The only issue is what redress is reasonable should a problem occur. The Sale of Goods and Services Act takes into account the circumstances of the purchase, such as price paid. eg. if you bought a discontinued PS at a discount don't expect to get a new model PS in exchange if the old one dies, all you could reasonably expect is repair or refund of the discounted purchase price.

I must add that where a retail has more than one branch, any branch can claim they're selling at a discount even if the item was only ever for sale in another branch (at a higher price of course). Don't think in terms of individual branches, they're all the same retailer and that retailer is now selling at a lower price, so yes it's a discounted price even if only in one branch.

Butch Cassidy

Nope it doesn't claim a discount or a "sale" item actually but it is since these PS3s are no longer manufactured.

They only had a printed DIY sign with the price and there was no mention of it being ex-stock, discounted, soiled or otherwise.

Cheers guys I just wanted to double check

the groutch

you have the same statutory rights as with any other item.

what you might be thinking of is more refund/exchange policy.
because the shop just wants them gone, they are highly unlikely to give a refund on a change-of-mind basis, which they might have otherwise offered (as a goodwill gesture) with a newer model.

if there was an issue with the console and you were dealing with them rather than Sony, were a replacement the agreed remedy (as opposed to repair or refund), it might be a credit voucher worth the €199 because they couldnt literally replace like-for-like

Butch Cassidy

the groutch wrote: »

if there was an issue with the console and you were dealing with them rather than Sony, were a replacement the agreed remedy (as opposed to repair or refund), it might be a credit voucher worth the €199 because they couldnt literally replace like-for-like

Yeah this was the kick in the gonads for those who got Phats that were PS2 backward compatible where a replacement of the exact same product wasn't possible.

foggy_lad

the groutch wrote: »

you have the same statutory rights as with any other item.

what you might be thinking of is more refund/exchange policy.
because the shop just wants them gone, they are highly unlikely to give a refund on a change-of-mind basis, which they might have otherwise offered (as a goodwill gesture) with a newer model.

if there was an issue with the console and you were dealing with them rather than Sony, were a replacement the agreed remedy (as opposed to repair or refund), it might be a credit voucher worth the €199 because they couldnt literally replace like-for-like

If there is any issue with a reduced price console your rights are not diminished by having paid less for the console, You would still be entitled to repair replacement or refund and DO NOT have to accept store credit or any kind of vouchers.

you would be entitled to a replacement and if offered a newer model it should be of the same value or greater and also have the same or greater functionality and specifications. you do not have to accept any console which does not do what the product you originally bought was capable of!

BrianD

foggy_lad wrote: »

you would be entitled to a replacement and if offered a newer model it should be of the same value or greater and also have the same or greater functionality and specifications. you do not have to accept any console which does not do what the product you originally bought was capable of!

I think in this case the store would only be obliged to offer a refund or repair if the model is obsolete or no longer manufactured. There's no obligation to give you a model of a greater specification then what you originally purchased. They could do, of course, at their own discretion.

foggy_lad

BrianD wrote: »

I think in this case the store would only be obliged to offer a refund or repair if the model is obsolete or no longer manufactured. There's no obligation to give you a model of a greater specification then what you originally purchased. They could do, of course, at their own discretion.

Indeed i should have put

offered a replacement if available and if offered a newer model it should be of the same value or greater and also have the same or greater functionality and specifications.

offering a newer model would be at the discretion of the shop and would be as a goodwill gesture as they would not be obliged to offer such a replacement and could in such a situation only offer a refund.