B&H selling returned products: Question for Mr. Henry Posner

Started Jan 26, 2013 | Discussions thread
Senior MemberPosts: 1,868
Re: B&H selling returned products: Question for Mr. Henry Posner
In reply to gamarala, Jan 30, 2013

gamarala wrote:

henryp wrote:

klauspauk wrote:

After all the discussion on the subject I will hesitate to buy form B&H because you fail to inform a customer that the camera you sell him might not be new.

I hate to sound like a politician but as others have kindly pointed out -- what's new? A customer who buys a camera, changes his mind and send it back is returning a product that is unused, untouched and as far as I personally am concerned, new.

A camera that's returned to us with indications of handling or use is not new and would not be considered as such.

As I said it's a nuanced situation subject to careless oversimplification which obscures the necessary details. In a world with infinite shades of gray, you cannot have just black or white and be complete.

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Henry Posner
B&H Photo-Video

Once a product is sold, any subsequent sale of the same product is not new regardless of the condition of the product.

What's new is not a question for our personal interpretation. A business does not operate in a vacuum. It has to follow the law of the land. I don't know about NY but in other jurisdictions it is illegal to sell used or secondhand goods as new.

Why not inform the customer that the product is a return, so he/she can make an informed decision whether to buy? The issue is not selling returns but selling without informing the customer.

Example from other jurisdictions:

Department of Trade and Industry UK:

" For a product to be called "new" there should have been no transfer to anyone else between the shop and the purchaser. Even if something is bought and then brought back the next day it is still second-hand."

Please post link to the quote above. I want to read first hand this law from the UK. Keep in mind, that B&H Photo is NOT a company operating in the United Kingdom, if this law is indeed relevant to camera sales.

Code of Virgina 59.1-200. Prohibited practices.

7. Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects or "not first class";

Thank you. Do you see anywhere in the above quote, the term NEW? The above law pertains to USED advertising. Another words, when advertising, you must mention that used items are used.

What does that have to do with selling NEW items as NEW?

Again, I challenge you to find a law, (United States Law) that states you can not resell a NEW item as NEW. You won't find one. New means new. Sold has no bearing on the condition of an item, with the exception of an Automobile.

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