Trying to get a refund for a defective purchase

wolfman

Hi,

I bought some snowboard bindings in May 2012 for £160 (which is in the expensive/high-end range for bindings).

I took them away just recently and on the 2nd day of use, a spring failed. They're still in mint condition, it's just the failed spring that's wrong with them.

I've contacted the seller asking for a refund, or replacement but they're making a few claims.

1) The company I bought them from ceased trading in June 2012 (I can't tell if it was taken over, but there is info around that date on companies house). They say they bought the stocks and name, but not the customers, or contracts with customers.

2) They say they contacted trading standards who told them 8 months is the reasonable lifetime of an extreme sports product.


Can anyone help advise my options. I don't know regarding the first claim. I would have thought if you take over a business, you take on everything, including its debts and customers. We're also chasing up the manufacturer too to keep our options open.

Regarding the second point, I think I can argue that one ok. Snowboard bindings should last for years (in the region of 200-300 days continuous use), especially for a higher end £160 set.

If the manufacturer comes back to us and sends us a replacement part, then that's fine. But until then we're chasing up the seller.

ILW

If the company went bust, whoever bought them out will have no responsibility.

wolfman

Hmm ok, I'll have to look into whether they went bust or he's just changing ownership around.

mattyprice4004

I doubt they'd make an unfounded claim like that, as I'm sure it could land them in trouble.

If they really have gone bust and been bought out, you're stuffed - they don't have to do anything.

wolfman

Hmm spoke to my mate who is a solicitor. He said it depends what they bought as part of taking over the company (ie just stock etc...). The fact they are still trading under the same ltd company (before they changed ownership, or went bust or whatever) though implies that they may be responsible, as the contract of sale is held against the company not the owner.