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Would paypal help my sister out.

burtons
Posts: 724 Forumite

My sister bought a new radio controlled car online and when it turned up we checked the car over and it looked like they sent her a pre owned model, so she sent the company an email and their reply was that the car was definitely new. So i took my nephew out christmas day with the car and he went down this bank and hit a tree and the car rolled over and the car stopped working :eek: (£180 down the drain) so i took the car home and i had a look and a part that has only been stuck down by double sided tape has come unstuck and a lead have snapped off this part, so i told my sister to email the company as this should of never happened, she then get a reply saying as this was caused by a crash it's not covered by warranty, if their was a manufacturing defect this would be covered by warranty. So as the part was only stuck down by double sided tape i think this is a manufacturing fault as the part should of been held down better. So as the company she bought the car from don't want to do anything about the problem is their anything she can do or could she go through paypal.
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Is it a type of car that is designed to run into trees?0
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I have been watching a few videos on youtube and these cars have been driven down steps, crashed into walls and they still work.0
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Hmmmm personally i would class it as not fit for purpose. I would expect a remote controlled car to have a "crash" on more than one occasion. Then again, I'm going off my own experience when playing with such things.....thankfully I'm a much better driver of a real car
Is the seller located in the UK? Have you told them you dont think it is fit for purpose/of satisfactory quality under SoGA?
If the car is advertised as bumping into things, you'll likely have very solid ground for complaint. I'm sure not long ago motorola (at least i think it was them) got in trouble for their "life proof phone" advert that showed the phone being dropped onto concrete yet in reality, the phone was just like any other.....prone to scratches, smashing etc.
Are the videos actual advertisements or just users own home videos?You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
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Personally i'd expect a £180 car to be a little more durable than to break on a single crash... however saying that, are these things really designed for such impact? I'd hazard a guess it states otherwise in the instruction manual. Even those designed for all terrains aren't designed to crash -- but to drive on a range of grounds, soil to concrete.
Where you stand legally seems a little bit grey IMO, and which way it would sway would depend on other factors suchas how fast it hit it, it's description/advertisement ect.
You could have an argument the goods are not of satisfactory quality, but after admitting to them you have crashed the item for which they've taken to mean it's been damaged by you rather than an inherent fault - I think you will struggle to get a remedy without some kind of evidence or report on the actual fault and cause.0 -
I remember as a kid getting a toy car that was designed to break apart on impact, it was advertised as being indestructible. As soon as I took it out of the box I rammed it into the wall to watch it smash to pieces and incapable of any repair.:A:dance:1+1+1=1:dance::A
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What make and model is the car?
Many parts of an R.C. car are designed to be held in with double sided tape.
Could you privide any pictures, certain wires can be disconnected, and look like they are broke, when in fact they are designed to do that.0 -
I would advise a Paypal claim first if thats possible. If that doesn't work take it up with the retailer directly under the sale of goods act.0
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