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Retailer asking Manufacturer to establish Fault
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Koagul8or
Posts: 10 Forumite
Hi,
On Sunday I bought a remote control helicopter that I believe was faulty when I received it.
I took it back to the shop today (Tuesday) and they declined to test it, stating that they did not have the means to test it and that they would have to send it back to the manufacturers to establish if it is faulty or not.
Is that fair? If the shop I bought it from wouldn't or couldn't test it, I believe I should have been entitled to a refund at that point. What do you think?
What are my rights if the manufacturer says the device is not faulty? Can I insist that the retailer demonstrate to me that it is not faulty?
Thanks guys!
J
On Sunday I bought a remote control helicopter that I believe was faulty when I received it.
I took it back to the shop today (Tuesday) and they declined to test it, stating that they did not have the means to test it and that they would have to send it back to the manufacturers to establish if it is faulty or not.
Is that fair? If the shop I bought it from wouldn't or couldn't test it, I believe I should have been entitled to a refund at that point. What do you think?
What are my rights if the manufacturer says the device is not faulty? Can I insist that the retailer demonstrate to me that it is not faulty?
Thanks guys!
J
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Comments
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Let me guess. Maplins?One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0
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One other point... I read on your website that for the first six months, the retailer has the burden of proof when it comes to proving whether is was faulty or not when I received it.
With something fragile like a remote control helicopter, does that change anything?
J0 -
halibut2209 wrote: »Let me guess. Maplins?
Wonderland Models.0 -
The short answer is yes, under six months it is up to the retailer to prove that the item WASN'T inherently faulty. So they are allowed to send it off, but it's very poor customer service to do that 2 days after the sale.One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0
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halibut2209 wrote: »The short answer is yes, under six months it is up to the retailer to prove that the item WASN'T inherently faulty. So they are allowed to send it off, but it's very poor customer service to do that 2 days after the sale.
Not to mention kind of in contravention of the SoGA given that consumers have the right to examine goods bought and can, within a reasonable time , reject the goods outright and insist on a full refund.....I think there are very few (if any) products that 2 days wouldnt be seen as reasonable.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Very true, and seeing as the shop "cannot test" the helicopter in-store, then there's no way the OP could test it in-store either.One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0
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halibut2209 wrote: »So they are allowed to send it off, but it's very poor customer service to do that 2 days after the sale.
But these r/c helicopters are incredibly easy to damage by misuse.
So in this case I might consider it reasonable for the retailer to investigate further.0 -
halibut2209 wrote: »....but it's very poor customer service to do that 2 days after the sale.
I also wasn't impressed that when I phoned and asked to speak to the manager I was told he was on the phone and that I should call back in five minutes or leave a message.
I asked if I could leave a message asking him to call me when he was free and was told "yes but he probably wont call you back because he's busy."0 -
halibut2209 wrote: »Very true, and seeing as the shop "cannot test" the helicopter in-store, then there's no way the OP could test it in-store either.
What does OP mean?0
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