Faulty item (minor) after just under 6 months - disclaimer

planetf1

Just under 6 calendar months ago (by about 3-4 days) my OH purchased an inflatable spa for the garden. Pretty cool though not cheap at £400

When packing it away one of the securing "clips" came off - a 1 inch square piece of fabric on the outside failed. If you look at the grey fabric just above the Z on the image at http://www.tesco.com/direct/bestway-lay-z-spa/215-0731.prd and imagine that strap coming off, and taking an inch square of the liner with it you can imagine ...

Ok so it's not a big functional issue but wanted to check what my rights are.

I could argue this is a design defect present at manufacture, so within 6 months they need to prove I'm wrong or sort it out via replacement or repair? If I leave it a few days the onus changes

Now a twist is that my OH signed a "disclaimer" at the point of purchase - which I've copied to http://dl.dropbox.com/u/3224841/spa-disclaimer.jpg . My view is this is utterly invalid.

The retailer probably doesn't stock these items outside summer time, nor is it placed to repair/replace - and also the items are fairly large and nigh on impossible to repack into original space

My suspicion is if I take it in store I will get grief. Can anyone clarify my rights? I want to ensure at least the return/attempted return is noted. I think I am entitled to insist they sort it, in the store (as they wish). Correct? Or does that disclaimer stand any weight?

rustyboy21

Why do you want to cause yourself , what may turn out to be a load of grief instore, with lugging it there as well as the prospect of raising your as well as the sales assistants blood pressure, if the manufacturer has a helpline and engineers who call out to your property to sort things out.

It is a cover strap, it's not going to flood your property.

It says it weighs 1100 kg there too, how are you going to get that back? even heavy at 110kg.

Or is it because you want a refund?

wealdroam

I like your signature...

What goes around - comes around

For those of us not in Australia, can you please rotate your picture.

planetf1

It's not 1100kg! I believe it's around 37kg !

As to the reason? Well the honest truth in part is, yes a refund would be handy, but it's also because i'm moving house and the hassle factor of contacting manufacturer could be high.

So there's two somewhat seperate questions around
a) what are my legal rights
b) what might be seen as reasonable by most people

?

rustyboy21

I would say they have the right to repair, replace ,or refund. It is not your choice to decide which one.

It is more a cosmetic fault, than a catastrophic failure, which a bit of glue from the manufacturer will do for you , if you ring them up.

They have a warranty service with the manufacturer, which for most likely everyone else would be a great feature, but as you now don't want it and possibly want the money instead, doesn't suit you.

Taking a product back a long time after you have accepted it, because of a cosmetic fault and asking for a refund, is not in the spirit of the SOGA, it is things like this that make it harder on everyone else who have genuine issues having a hard time with retailers getting sorted.

Legally, wanting a refund, because you don't want it anymore, maybe didn't want it in the first place, is not a valid reason for usng the SOGA. IMO, It is such a minor fault, which can be fixed in seconds when you get to your new house.

BTW the weight issue came from the Tesco website, maybe they have to weigh it with water in it, so building restrictions

Fire_Fox

Given the timescale write a really simple letter/ e-mail/ both noting the fault and asking them to inspect the goods. The clock starts ticking when you have reported so you really want datable proof and not to waste time researching exactly what you rights are and what you are intending to ask for as compensation. Heading into store is a verbal complaint which is difficult to prove, you are relying on them to properly record your visit instead of forming your own paper trail. Store sales assistants are often not in a position to organise inspections/ experts reports or make decisions on six month old goods.

Zandoni

Just ring them up and ask what they can do, don't start quoting SOGA unless you have to.

planetf1

I realise I don't have the right to insist what they do. But ok thanks for the feedback --I'll make sure I report within 6 months period in any case