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What should I expect?

leafliteleaflite Posts: 1,651
edited October 2012 in The hub
Hi, im looking for some advice
11 months ago I bought a badminton racket from an online retailer that shall remain unnamed. It was an expensive racket with an rrp of £200. Last week, i was playing a game when the frame snapped. I sent it back, but yesterday I had it returned with the explanation that failures due to manafacturing defects should occur in the first 6 months so its my fault. This sounds like censored to me as I know that other carbon products such as mtb frames can go for much longer than this before failing. Do I have grounds for a refund/replacement here, or is the retailer acting within its rights?

Thanks

Posts

  • nicklousenicklouse Posts: 81,520 Lives Here
    what brand was it?
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • nicklousenicklouse Posts: 81,520 Lives Here
    mmm presuming it failed during normal use and you have not smashed it into any walls or floors i would be taking it further.

    Remember you have a 2 year warrenty under EU rules. I would be talking to CAB.

    Wait for DIY to pop into this as he knows his stuff. (or Sonic).
    "Do not follow where the path may lead, Go instead where there is no path, and Leave a Trail."
    Parktools :?:SheldonBrown
  • leafliteleaflite Posts: 1,651
    nicklouse wrote:
    mmm presuming it failed during normal use and you have not smashed it into any walls or floors i would be taking it further.

    Remember you have a 2 year warrenty under EU rules. I would be talking to CAB.

    Wait for DIY to pop into this as he knows his stuff. (or Sonic).

    Yep, it failed during normal use

    Thanks
  • Chunkers1980Chunkers1980 Posts: 8,035
    I'd say to them you didn't use it for at least the first 6 months as you go an injury, so you actually have not been using it for the 6 months they say for any manufacturing faults to happen.
  • AndyBeastAndyBeast Posts: 179
    I'm not DIY or Sonic but hope this helps?

    From the Sale of Goods Act.

    'Rejecting' a faulty product

    If you want to return a product and get your money back, under the Sale of Goods Act you have the right to 'reject' an item that is not of 'satisfactory quality'.

    As soon as you've noticed, you should note the retailer. You only have a limited time – usually only a few weeks – to reject something. Many retailers will offer a replacement, repair or refund without question, especially if the item is relatively new.

    If you don't want to reject something, or it's too late to, it's worth simply phoning or visiting the retailer to explain the problem. In the first six months from when you get an item, the onus is on the seller to prove the item was of satisfactory quality when you received it. If the seller simply says the problem must be due to something you've done, it's for them to prove that.

    But if the retailer doesn't, you have several other options for getting the problem sorted.

    Using guarantees and warranties

    Most items are sold with a manufacturer's guarantee (or warranty), often for a year. Guarantees are a contract between you and the manufacturer and the manufacturer must do whatever they say they will do in the guarantee.
    Usually this will be to repair or replace a faulty item.

    However, a manufacturer's guarantee does not replace your rights under the Sale of Goods Act. It will depend on the product and the fault, but you may well be legally entitled to a free repair or, in some cases, a replacement for something you've bought for some time after the manufacturer's guarantee has expired.

    If you paid by credit card

    Under the Consumer Credit Act 1974, the credit card company is liable along with the trader for any breaches of contract or misrepresentations.

    The goods must have cost more than £100 but not more than £30,000. You get the same protection when the retailer arranges finance for you to pay for an item.

    Paying for things on your credit card when you're abroad is a particularly good idea, because you may be able to claim against your card company rather than have to try and deal with a retailer abroad.

    You have the right to 'reject' an item that is not of 'satisfactory quality'



    ... I've highlighted the important bit but it's subjective, a £1000 TV should last more than 5 minutes but you shouldn't expect a £5 watch to work faultlessly for years. You will probably also have to take it up directly with the manufacturer but a polite emial will usually get the ball rolling.








    and if all else fails? I'd blame Wiggle!!
  • leafliteleaflite Posts: 1,651
    AndyBeast wrote:
    I'm not DIY or Sonic but hope this helps?

    From the Sale of Goods Act.

    'Rejecting' a faulty product

    If you want to return a product and get your money back, under the Sale of Goods Act you have the right to 'reject' an item that is not of 'satisfactory quality'.

    As soon as you've noticed, you should note the retailer. You only have a limited time – usually only a few weeks – to reject something. Many retailers will offer a replacement, repair or refund without question, especially if the item is relatively new.

    If you don't want to reject something, or it's too late to, it's worth simply phoning or visiting the retailer to explain the problem. In the first six months from when you get an item, the onus is on the seller to prove the item was of satisfactory quality when you received it. If the seller simply says the problem must be due to something you've done, it's for them to prove that.

    But if the retailer doesn't, you have several other options for getting the problem sorted.

    Using guarantees and warranties

    Most items are sold with a manufacturer's guarantee (or warranty), often for a year. Guarantees are a contract between you and the manufacturer and the manufacturer must do whatever they say they will do in the guarantee.
    Usually this will be to repair or replace a faulty item.

    However, a manufacturer's guarantee does not replace your rights under the Sale of Goods Act. It will depend on the product and the fault, but you may well be legally entitled to a free repair or, in some cases, a replacement for something you've bought for some time after the manufacturer's guarantee has expired.

    If you paid by credit card

    Under the Consumer Credit Act 1974, the credit card company is liable along with the trader for any breaches of contract or misrepresentations.

    The goods must have cost more than £100 but not more than £30,000. You get the same protection when the retailer arranges finance for you to pay for an item.

    Paying for things on your credit card when you're abroad is a particularly good idea, because you may be able to claim against your card company rather than have to try and deal with a retailer abroad.

    You have the right to 'reject' an item that is not of 'satisfactory quality'



    ... I've highlighted the important bit but it's subjective, a £1000 TV should last more than 5 minutes but you shouldn't expect a £5 watch to work faultlessly for years. You will probably also have to take it up directly with the manufacturer but a polite emial will usually get the ball rolling.








    and if all else fails? I'd blame Wiggle!!


    Thanks for that, very helpful
  • supersonicsupersonic Posts: 82,708 Lives Here
    Yep, what the retailer is saying is pure balls unless the terms were laid down before hand and you agreed to them.

    However after 6 months it is up to the consumer to prove that the goods have not conformed.
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