Goggles not fit for purpose - replacement declined

WallyBird

I bought a pair of Zoggs swimming goggles at Penzance Leisure Centre. They worked for 4 swims there, and then started leaking. I returned them but did not have a receipt - I don't believe I was given one as I was just going in for a swim when I bought them. I did have a witness who saw me buy them however. They refused to replace them, saying their policy was not to replace them after they had been used (even once).

This is what I said in an email to them:

To The Manager.
Dear Sir,
Last week I tried to return a pair of swimming goggles that I bought from you recently. The person on the till told me to send them back to Zoggs. (This is legally wrong, my contract is with you.) They have been worn 4 times, all in your pool, and rinsed carefully after use. Although they worked at first, they no longer keep the water out.
Under the Sale of Goods Act, 1979, goods are required to last a reasonable length of time. 4 swims is not reasonable. I am therefore requesting a refund. They cost £8. I was not given a receipt (the Act does not require one); however, I do have proof of purchase in the form of a reputable witness who saw me buy them at your pool.
I would appreciate a written response, so I can bring it with me to the pool next time I come.
Thank you for your help.

This is the reply I received:
Hi *******
The comments for your query regarding Swimming are added below.
Comments:
Dear ****** I am sorry to hear that you have purchased an item of resale from our Zogg’s range and have since been dissatisfied with the item’s deteriorating condition. I accept that any potential return of resale items purchased at the leisure centre should be brought to the attention of the leisure centre as the seller of the item. It is at this point that we may wish to pursue the manufacture directly. Please accept my apologies in the confusion which you have experienced at our reception surrounding this matter, and be assured that this information has been communicated to avoid any future occurrences. Unfortunately my interpretation of the Sale of Goods Act, 1979 does not support your request for a full refund. You have highlighted in your correspondence that the item did conform to the contract of sale at the time of delivery. Furthermore I can find no supporting evidence within the Sale of Goods Act, 1979 detailing that proof of purchase is not required, or that a reputable witness could be used in substitution. However please be assured that if provided with accurate details of when the item was purchased e.g. date and time, we would then be able to track to see if a transaction was processed corresponding to this item to reasonably validate a proof of purchase. Regardless it is still advisable to have a valid receipt as proof of purchase. I understand that following the problems you experienced at reception you were provided with a good-will gesture of a free swim. This equates to a 33% discount of the purchased item and therefore consider this matter resolved. If you have any further enquires or concerns, please do not hesitate to respond. Kind Regards Rob Oaten General Manager (Acting)

Dear ******* Thank you for your email.I am sorry you are not happy with the service you received. I have printed the email and will give it to the manager on Monday morning when he arrives at the centre.RegardsKelly WebsterReception Team

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They did give me a free swim as a good will gesture, but I certainly did not accept it instead of a full refund, and this was made clear. However they insisted that I should contact Zoggs.

Are they within their rights, and if not, what should I do next?

Thanks.

System

I thought this was going to be a rant about google. I'm a bit disappointed

arcon5

You would be considered to have 'accepted' the goods now... So they can offer a repair or replacement. They shouldn't though fob you off by telling you to go to a third party - although in this instance it may well just be easier to see what the manufacturer will offer.

WallyBird

Goater78 - thank you, and sorry for the disappointment (and the typo).

arcon5 - Thanks. I had them for less than a month - just 4 swims. Surely that is not how long they would be expected to last. Although hardly worth the trouble of complaining to manufacturer, but that is how they get away with it?

Valli

Well, remedy under SoGA is refund, repair or replace so they (the vendor) have failed to offer a remedy under SoGA.

Send 'em a letter before action!

Fire_Fox

Whilst you don't necessarily need a receipt, without one you have no evidence of a contract since you cannot prove you purchased the item at that leisure centre. Not sure claiming you have a witness counts as PROOF of purchase, did you forward a statement from your witness which was sworn in front of and signed by a solicitor? It's easy when you buy and return own brand items without a receipt because obviously they did come from that store and that you have had it for the short time you claim.
http://www.tradingstandards.gov.uk/kent/factsheets/FS1NEW%20nov07%20goods.pdf

Having said that the appear to have admitted you did purchase the item there ("from OUR Zogg's range"). The also said "However please be assured that if provided with accurate details of when the item was purchased e.g. date and time, we would then be able to track to see if a transaction was processed corresponding to this item to reasonably validate a proof of purchase." So I don't really see the problem?

visidigi

The problem here is you went in all guns blazing sales of goods blah blah.

Now you've got their back up over £8 I think you might have done yourself more harm than good with your initial approach.

Provide the date and time of purchase and go from there, but they are entitled to send them to the manufacturer for assessment, you have no legal right to a refund if its disproportionately costly.

pinkshoes

Personally I'd just contact the manufacturer in this case, as if you don't have a receipt or any other form of proof of purchase, then you're going to struggle.

The manufacturer will probably just send you out a voucher for another pair!

johny2013

I now make it that it's over £5.33 now you've had a 33% discount given the free swim.

How much time are you going to spend over £5.33 including emailing them/posting on here etc. I would then equate this to what I'm prepared to work for. I can imagine you've spent near an hour in time already on this, probably the potential for another hour. It's like working for £2.66 an hour! Personally this is the point where I'd probably leave it.

halibut2209

No proof of purchase, no rights

rustyboy21

Valli wrote: »

Well, remedy under SoGA is refund, repair or replace so they (the vendor) have failed to offer a remedy under SoGA.

Send 'em a letter before action!

And how much is that gonna cost them for an £8 pair of goggles ????