By BarefootLawyers.
Earlier, we told you about Nakku who wanted to buy a 32inch Samsung TV, but she ended up buying a "salamsung" instead of a Samsung. Her husband specifically wanted something they could use for Netflix, and their favourite shows in “Full HD”. The seller has refused to take it back because “goods once sold are not returnable” and it was cheaper.
WHAT DOES THE LAW SAY?
When a person wants to buy something and they rely on the skill and expertise of the seller to get them the ‘best’ for a particular purpose, then the seller must make sure that what they sell is fit for the purpose of the buyer and fits their description.
Since Nakku made it clear that she wanted a Samsung, and it should be able to play her Netflix and her favourite shows and movies, she should have been given this. It is not enough for the seller to say she saw the label and took it especially when it was a confusing label. As it turns out the TV is not fit for Nakku’s purpose.
When this happens and the TV is not fit for the purpose, you have the right to return it to the seller and get your money back. It's not legal for the seller to trick you into buying something that is not what you wanted or expected.
So, in Nakku's case, she has the right to return the "salamsung" and get her money back because it is not fit for purpose. The principle of goods being fit for purpose is important because it protects consumers like Nakku from being tricked into buying something that won't work for them.
📷: Unsplash
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