Defective item delivered to purchaser

Question:-

I purchased a set of 3 glass dishes after seeing pictures of it. However, it was delivered from another town in a packet without the glass being wrapped in newspaper or bubble wrap. When I opened it, it was chipped and the seller refuses to exchange or take it back and refund me. I would like to know what is the ruling regarding such a transaction?

Answer:-

In principle, a sale is concluded with a proposal from one party and acceptance from the other party. However, if the buyer finds a defect in the item on taking possession or on taking delivery, then he or she will be entitled to return the item for a full refund.

وإذا اطلع المشتري على عيب في المبيع فهو بالخيار إن شاء أخذه بجميع الثمن وإن شاء رده (البناية 8/99)

و قال اشتره فإنه لا عيب به ثم وجد به عيبا كان له أن يخاصم فيه بائعه (المبسوط للسرخسي 13/169)

[Re:- Fatawaa Darul Uloom Zakariyya Vol.5 Pg.70]

Products purchased from non-Muslim companies may be returned without any difficulty if they are found to be defective, and the purchaser will receive a refund in full. We as Muslims should learn the laws of trade and commerce and practice upon these laws as prescribed in the Shariah. In conclusion, the seller should refund the item (in your instance) if it was found defective.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Maulana Abdul Kader Fazlani

Date: 17 Dhul Hijjah 1444 / 06 July 2023