Exchanging a defective product after it has been used
Question
Hello.
A father bought a toy car for his child and it did not drive well. At first he wanted to compensate the child with something else, and later the child wanted to exchange the car at the store. Is it possible to exchange it?
Answer
Shalom u-vracha.
If the child continued to use it after seeing that it does not drive well, it is not possible.
Answered by
Answers questions at Rav Amram Fried's Beit Horaah
Smicha "Yoreh-Yoreh" (2012), Rav Amram Fried's Beit Horaah
Orach Chaim, Yoreh Deah
About the Rabbi
Source
In siman 232, se'if 3, the Shulchan Aruch states that if one used an item after its defect became known, this is considered a waiver, and it is not possible to annul the sale.
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