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Java-E UK - Consumer Rights (Defective Items)
There are several definitions for what is known as a defective item. A defective item is anything which is NOT any of the following:
1. "The same high quality as other goods of a similar kind". (this also takes the price into account).
2. "Of merchantable quality". (this also takes the price into account).
3. "Fit for the purpose for which it was sold".
These are different definitions of essentially the same thing. The first definition is the clearest and most descriptive of what an item should be.
Anything other than this is deemed defective.
If you receive an item from a seller which is damaged, faulty, or defective, then you are entitled to a full refund or an exchange for an identical (undamaged) item.
If the seller offers you a repair, then you are within your rights to refuse it and demand a refund/exchange (except in rare instances where this is deemed impractical or unreasonable, such as purchasing an antique or something personally/individually produced/designed for you, where the seller can quite rightly insist that you are given a free repair rather than a refund/exchange).
If the seller points out a defect to you at the time of purchase, then you can not reject the item after you've bought it simply for that defect. (but if another defect is found which the seller did not point out to you, then you can reject it).
If you inspect/examine an item before buying it, then the seller can say that you should have noticed the defect; this is sometimes a valid argument (depending on how obvious the defect is). It's usually best to either only give a very cursory examination, telling the seller before you purchase it that you haven't examined it properly and don't expect or see any defects, or to give it a very detailed examination and hope that you spot any defect.
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