Snow goggles dispute

BMcN

Hello, looking for some conformation on an issue I am having.

I ordered some snowboarding goggles on the 12th March, delivered on the 15th.

I flew out on holiday on Saturtday the 17th and had my first day on the slopes on Sunday 18th. On Monday (2nd day of use) they started fogging up and developed spots of condensation inside the lens.

I returned home late on Sat the 24th and emailed the company on Sunday 25th informing them of the fault.

Since then they have said that I was not covered because I did not report the fault within 7 days. After arguing they agreed that I can send them back to the manufacturer for inspection.

I have said that they are responsible for talking to the manufacturer and the 7 day thing is just for cooling off - NOT to report faults.

I reported the fault as soon as I could and I dont think 2 days count as me accepting the goods?

Lastly they have said that I will not be allowed a refund as I did not report within the 7 days the warranty lies with the Manufacturer and not them.

So, where do I stand and what can do?

Thanks.

unholyangel

Well perhaps if you can tell us where you bought them from we can look and see what law the site is governed by? Is it a UK company?

If so then technically you can inform them of your intent to cancel within 7 working days (starting the day after delivery) providing they have informed you of this cancellation right. If they have not, the cancellation period may be extended up to 3 months and 7 days. As just as they must provide you the information in a durable form, your cancellation should also be in a durable form. That is to cancel under DSR's and its the only reason I can think of them mentioning 7 days (unless they're not a UK company). This gives you an unconditional right to cancel - even for a change of mind.

However. Under Sale of Goods Act.....retailers can be held liable for up to 6 years. This is not to say that all goods should last that long. The type of goods, price paid etc would be taken into consideration. But the consumer has the right to inspect the goods. They can reject for a full refund if they reject within a reasonable time. Reasonable time can depend on the type of goods, why they were bought etc. Outside of a reasonable time, if a fault develops in the first 6 months, it is assumed to be inherent and it is up to the retailer to prove otherwise. You are entitled to a repair/replacement/refund - you can request one but the retailer can refuse if disproportionately costly. In this instance, i'd argue non-acceptance.

But of course, all this depends on where the company is located.

How much did they cost and how did you pay? Credit card? Debit card?

BMcN

The company was:

http://www.shadestation.co.uk/

I do not wish to return for a refund because of a change of mind, I wish to return for a refund due to a fault.

I am being told that I am to prove the fault and sort it with the Manufacturer - although I have got them to agree that they will be the ones dealing with the manufacturer.

unholyangel

BMcN wrote: »

The company was:

http://www.shadestation.co.uk/

I do not wish to return for a refund because of a change of mind, I wish to return for a refund due to a fault.

I am being told that I am to prove the fault and sort it with the Manufacturer - although I have got them to agree that they will be the ones dealing with the manufacturer.

Perhaps you should remind them that misleading customers on their statutory rights can be a criminal offence.

As above, if the fault occurs in the first 6 months, the fault is assumed to be inherent and the burden of proof is on them to prove the product is NOT faulty.

If they were over £100 and you used a credit card, make a section 75 claim with your card issuer. If they were less than £100 or you paid on debit card, contact your bank and enquire about a chargeback (something in visa and mastercards own policy where section 75 is afforded to you by law).

unholyangel

Heres a link to the SoGA along with the part I was referring to:
http://www.legislation.gov.uk/ukpga/1979/54/part/5A

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

BMcN

unholyangel wrote: »

Heres a link to the SoGA along with the part I was referring to:
http://www.legislation.gov.uk/ukpga/1979/54/part/5A

Thanks, so that proves the 7 day thing to be wrong.

Where do I stand regarding wanting a refund instead of replacement?

paddyrg

BMcN wrote: »

Thanks, so that proves the 7 day thing to be wrong.

Where do I stand regarding wanting a refund instead of replacement?

It's up to them to choose the remedy.

wealdroam

BMcN wrote: »

...so that proves the 7 day thing to be wrong

The seven day thing is not wrong, just not appropriate when the goods are faulty.

BMcN wrote: »

Where do I stand regarding wanting a refund instead of replacement?

You need to read a bit more of that legislation already linked to.

Simply, you will find that the retailer effectively chooses the remedy from either refund, replace or repair.

You should be able to convince the retailer that you want to reject the goods outright for a refund, but that too may be difficult.

You should perhaps write them a letter, something like the sample letter in MSE's How to Complain article.

You still haven't answered any of the questions that Unholyangel asked...

unholyangel wrote: »

How much did they cost and how did you pay? Credit card? Debit card?

BMcN

wealdroam wrote: »

You still haven't answered any of the questions that Unholyangel asked...

Debit Card.

Thanks for everyones help, I will see what they say tomorrow.

unholyangel

BMcN wrote: »

Debit Card.

Thanks for everyones help, I will see what they say tomorrow.

Check with your bank about chargeback. You can also call consumer direct for advice....if the company are in breach of consumer law, they will report them to TS, so even if they repeat whats been said here, its still worth giving them a call in case we missed something