Advice required on my consumer rights

mattlfc79

Dear all,

I was hoping someone could help clarify what my rights are with the following:

On the 14th May I ordered a golf club from direct golf. This was a top of the range Taylormade R11.

The item was delivered on 19th May.

I used it a few times at the driving range and course but noticed that the sole of the club had got damaged by contact with a tee peg (sole plate had a dent in it), big design flaw if this going to be a regular fault!

I emailed Direct Golf (28th May) who said I can only get it repaired as it had been used and they came and collected it on 31st May to return it to Taylormade.

The club should be a very easy fix as it is damage to a replaceable part only.

Today (16 June) I had a phone call from Direct Golf saying that it will still be a couple of weeks.

I was wondering could I demand a refund as I am not happy with the quality of the item which you can only find out by using a golf club!

If I cant demand a refund yet, at what point would I be able to? I dont want an exchange of the same model but would be happy to exchange for another club.

I am unsure on how consumer law applies to a 'used' item and any help would be greatly appreciated.

Many thanks

Matt

mattlfc79

Is any one able to point me in the right direction with regards to the above please?

Thanks

fluffnutter

As the club's currently being repaired I think your best best is to see what it's like when it comes back. Taylormade are a good make, and if this were a general problem then they'd not have the good reputation they've got so perhaps yours was dodgy (sounds unlikely but who knows).

If it comes back and you're not happy with it, I think you're well within your rights to ask for a refund or swap as you've given the manufacturer ample opportunity to make good this issue and the goods are still not fit for purpose. Take this up with the retailer (not the manufacturer) if need be but wait and see first. Hopefully your club will be fine when it comes back

fluffnutter

BTW, they're being a little disingenuous by saying it can 'only be repaired.. as it's been used'. This isn't really the case at all. Lots of things get used then break, and you can ask for a refund, replacement or repair. They can suggest a repair if they deem it the most appropriate solution - as in this case - but said repair must fix the original fault or you're entitled to a refund or replacement.

mattlfc79

Fluffnutter,

Many thanks for your help, it has clarified what can only be described as a very subjective area!

What is a reasonable length of time for a repair? Is 28 days sufficient, then after this maybe ask for a refund/ replacement/ credit note?

Thanks again

fluffnutter

mattlfc79 wrote: »

Fluffnutter,

Many thanks for your help, it has clarified what can only be described as a very subjective area!

What is a reasonable length of time for a repair? Is 28 days sufficient, then after this maybe ask for a refund/ replacement/ credit note?

Thanks again

The repair can't 'inconvenience' you. Although again, that's rather subjective isn't it? Depends how often you play golf

Seriously, if you're a keen golfer and maintaining your six or below handicap requires three days on the course a week (which it quite probably would) then weeks and weeks is going to be an 'inconvenience'. I think you're perfectly entitled to politely ask for at least an estimated date when the repair will be complete after a month's waiting. If they can't give you one, perhaps push for a replacement or refund. Although it's difficult - the shop's unlikely to give you anything whilst the club's with the manufacturer.