Faulty Snowsocks Refund Rights

hduz5

Hi All,

If anybody could advise me on below I would be most grateful.

I recently ordered my Dad a pair of snowsocks for his car. They are like snowchains but easier to fit, they are supposed to allow the car to drive better on snow and ice.

Following last week's snow he put them on the tires for the first time. On the very first attempt to drive up his road one of the socks ripped, and is therefore useless.

The retailer, rockshore.uk.com says that the split may have occured due to the condition of the road, in which case the product was not faulty, he was just unlucky. They say his only option is to return the socks to them, at his expense, they will send them onto the manufacturer, who will then decide whether they are faulty or not, and presumably whether they will refund or replace them.

There is nothing on the rockshore website advising of the potential fragility of this product.

Does anybody know what my rights are in this situation? I don't feel the information about the product on the website is accurate, and given the performance of the product, I believe it to be faulty. Is the retailer within their rights to pass the buck to the manufacturer?

Any help greatly appreciated.

neilmcl

What's the name of the product. I can't see any such product on that site.

That aside, under the SOGA you'd have a very good case for a full refund given that you seemed to have rejected the goods within a reasonable period of time. However it's be difficult to prove that the damage wasn't caused by incorrect use rather than an inherent fault. Where were they ripped?

hduz5

Here's the link:

type in the website name the forward slash and below

snow-socks-by-multi-grip-269-p.asp

I can't post links yet

neilmcl

Oh, its the multigrip ones. These things should last so it does sound like yours may have been faulty.

Again, where was the rip?

It could have happened by catching something sharp on the road, or your dad may have caught it on something when he was trying to fit them on fully. Was it ripped along the seam or on the face of the sock?

Also, make sure you got the correct size for the tyre.

Cool_Username

Fair play I love responses like this from companies. You buy a product, it breaks the first time you use it and you're drawn into a situation where you have to spend money on some 'never never' solution like sending it back to a manufacturer who may deem the product faulty!

The company you bought the product from should take the f**king things back and either replace them or refund you, then they can send the product back to the manufacturer themselves!

Rant over - try getting in touch with the company you bought them from over the phone and speak with someone in customer services - explain that they are the ones who sold you the product and you do not feel that you should have to incur a cost sending the faulty product back to the manufacturer. Tell them that if you buy a faulty product from Tesco or Asda you take it back to the shop for a replacement - you do not forward it on to Tesco's suppliers. This situation is no different in my opinion.

Exhaust your options with the company you bought the product from first, don't go spending more money sending it back to the supplier.

hduz5

I've tried that. We had a twenty minute discussion where their made argument was that if you bought a tyre and it got a puncture on the first day of use you couldn't take it back. I told them I absolutely disagree with this. I would be back at the garage in a flash.

Anyway, they don't seem to be budging. Any suggestions?

I'm considering going down the consumer complaints route at a newspaper to try and get some progress.

Also, had an e-mail from my parents today saying that as they couldn't drive up their lane they left the car at the top, on the main B road yesterday. Unbelievably during the night somebody drilled into the petrol tank to steal the fuel thus ruining the car. This is in rural Wales!!! Great to see the community pulling together in the snow. And once again cheers to Rockshore for this mess.

neilmcl

That's disgraceful regarding the petrol thing, I'd be fuming.

I can see their point regarding a tyre getting a puncture. Obviously if you ran over a nail and got a puncture, for example, then you couldn't really expect any legal recourse could you, even if the tyre was brand new.

Again I ask, where is the rip and did it happen as soon as your Dad try to use it or was your Dad driving around with it on for a bit before attempting the hill. You see what I'm getting it, if it's obvious that it was torn by an outside influence, ie, getting caught on some debris on the road, then I think you're going to have to put it down to bad luck. However if the rip looks like it was down to poor manufacture, and remember the onus is on the retailer, not you, to prove otherwise then you have a very good case in getting a refund under the SOGA.

Altarf

Since you have already tried the 'be nice' approach by phoning them, I would now send them a '28 day before action' letter.

I would point out that the Snowsocks were used in accordance with the instructions, and as they failed within the first 6 months after purchase, then they are deemed to be faulty on purchase unless the retailer (not manufacturer) can prove otherwise.

I would advise them the Snowsocks are available for inspection by them at your address, alternatively they can send you pre-paid packaging and you will return them for a full refund.

Finally if they do not respond within 28 days, you will submit a claim to the County Court.

Cool_Username

The advice from Altarf sounds good to me if you feel you've exhausted the 'being nice' approach with the company.

frannyann

Taken from their own website:
'as a consequence multi a grip is effective on snow and ice, driving and braking is precise and stable, the endurance is suitable to drive comfortably for relative long distance on mixed snow/ice/dry asphalt road'

Therefore no suggestion they are not strong enough to run on normal road surface, which you would expect to find small debris of some kind.