Not fit for purpose only discovered after 4 months.

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iammumtoone
iammumtoone Posts: 6,377 Forumite
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edited 22 September 2016 at 7:28PM in Consumer rights
I don't think there is anything I can do about this situation but thought I would ask just in case.

I purchased some prescription swimming goggles about 4 months ago.

Up until now I have only used them in the pool on holiday messing around with my son, they are fine for that no issue on the prescription side I can see fine.

Only today did I actually try to swim properly in them, they are useless they let in water around the seal that is on that the front so no amount of tightening the strap will help.

They weren't cheap and I can't use them as swimming goggles what they were sold as.

Is there anything I can do? as it is so long since I brought them I suspect not :( I thought about writing to the manufacturer who are a swimwear specialist so I expected better (if anything I would have expected the prescription side to not be up to standard not the googles themselves) to maybe hope they will do something as a goodwill gesture?

Any advise appreciated it a lot of money to spend for something that is unusable for its purpose.
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  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
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    edited 22 September 2016 at 7:48PM
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    Before anyone asks I could not test them beforehand as I am a single parent and could not leave my son unattended in a pool whilst I went for a proper swim. The only reason I got this chance today is he has started swimming lessons so I swam in the pool whilst he was being looked after by the instructor.
  • [Deleted User]
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    You still have plenty of time to complain if your purchase is substandard or faulty.
  • iammumtoone
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    You still have plenty of time to complain if your purchase is substandard or faulty.

    Thank you, do I have to prove that they were substandard when I purchased, not sure how I would go about that?

    As I said they weren't' cheap but certainly not worth paying for any tests or anything.
  • SuperHan
    SuperHan Posts: 2,269 Forumite
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    Thank you, do I have to prove that they were substandard when I purchased, not sure how I would go about that?

    As I said they weren't' cheap but certainly not worth paying for any tests or anything.
    No, within the first six months the onus is on the retailer to prove they are not inherently faulty.

    I would try sending emails to both the retailer and the manufacturer and see if you get anywhere. They may be surprisingly accommodating.
  • [Deleted User]
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    do I have to prove that they were substandard when I purchased
    No, you just have to complain that they should not have those faults after only four months...
  • [Deleted User]
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    SuperHan wrote: »

    I would try sending emails to both the retailer and the manufacturer
    No need to go to the manufacturer. The retailer has the liability.
  • bris
    bris Posts: 10,548 Forumite
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    Swimming googles are almost consumables, people go through them at different rates. After 4 months, you will struggle to get any thing done with them.


    Another problem with goggles is selection, different goggles fit different face shapes and a poor choice can leak from the start.


    Like trainers it can take a few makes and models to get the right ones, it doesn't hurt to try but don't hold your breath.
  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
    edited 22 September 2016 at 8:35PM
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    bris wrote: »
    Swimming googles are almost consumables, people go through them at different rates. After 4 months, you will struggle to get any thing done with them.


    Another problem with goggles is selection, different goggles fit different face shapes and a poor choice can leak from the start.


    Like trainers it can take a few makes and models to get the right ones, it doesn't hurt to try but don't hold your breath.

    I appreciate what you are saying and standard googles yes it is more affordable to try out different makes/models until you find one that suits. Prescription goggles it would be far too expensive to do that. If they were standard googles I wouldn't question it.

    I will email the retailer to see what they have to say, they do state no return of swimming goggles, I suspect that is allowed due to hygiene reasons.
  • naedanger
    naedanger Posts: 3,102 Forumite
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    I appreciate what you are saying and standard googles yes it is more affordable to try out different makes/models until you find one that suits. Prescription goggles it would be far too expensive to do that. If they were standard googles I wouldn't question it.

    I will email the retailer to see what they have to say, they do state no return of swimming goggles, I suspect that is allowed due to hygiene reasons.

    One thing to note, the retailer may dispute that the goggles are currently faulty. In that case the onus will be on you proving, on the balance of probability, that they are.

    (However if you establish that they are currently faulty, or this is not disputed, then as others have said because they are less than six months old the onus will on the retailer having to prove, again on the balance of probability, that they were not faulty when you bought them.)
  • iammumtoone
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    naedanger wrote: »
    One thing to note, the retailer may dispute that the goggles are currently faulty. In that case the onus will be on you proving, on the balance of probability, that they are.

    (However if you establish that they are currently faulty, or this is not disputed, then as others have said because they are less than six months old the onus will on the retailer having to prove, again on the balance of probability, that they were not faulty when you bought them.)

    Not sure how I prove it. if the retailer tries them on and tests them they will see but I won't know that they have done this, they could tell me they tried them and they were fine.

    I will see what they say and if no joy maybe try the manufacturer I have noting to lose so its worth a shot but I won't get my hopes up.
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