Purchase of a Defective Item
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Question
Before the eve of Sukkot I bought a silver goblet for 3,000 shekels. I immersed the goblet in the mikveh, and on Yom Tov night, when I lifted the goblet with great excitement in order to recite Kiddush, I noticed that wine was leaking from the goblet. I looked and found that there was a hole in the goblet. After the festival I called the store to have the goblet exchanged, and they told me that it could not be exchanged, only sent for repair.
I asked them at least to refund part of the amount I paid, since this would now be a repaired goblet and not a new one. They refused, claiming that after the repair it would not be noticeable at all and it would look completely new. I argued that if it looks completely new, then they can sell it to others, but they did not agree.
In practice, almost two months have already passed and the goblet still has not been repaired. They keep putting me off, saying that it will be ready next week, and then another week and another week. They are not willing to give me another goblet, and I am really in urgent need of one. I now want to back out of the purchase and demand my money back, but the store refuses, claiming that this is impossible.
I would like to know what the Torah’s view is on this matter and what the halacha is: can I obligate them to return my money or give me another goblet?
I would be happy to receive an answer as soon as possible.
Thank you very much.
Answer
Shalom u’vracha, <\/p>
With regard to the matter itself: if they can repair the goblet so that it looks completely new, they have the right to repair it and not to replace it. However, if the repair will be noticeable even slightly, they are obligated to replace it. <\/p>
It is clear that they may not delay the repair indefinitely, but only for a reasonably estimated period of time. <\/p>
Generally, there is a commitment for a certain fixed period. <\/p>
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