Motorcycle helmet rights

meat_n2_reg

Hi
9 Days I bought a new motorcycle helmet from a main dealer , on 2nd day noticed that the visor would come open @ speeds of 65 mph or more when turning head to do shoulder check
Returned to garage who said that they would have to send back to manufacturer but would be back to me in 72 hours , a week later (today) phoned garage who said helmet had been returned and ready to pick up , the visor mechanism was faulty and had been replaced
I explained that I was not happy with the time taken and also mentioned that if I had any more faults I would be asking for a refund
I was then told if more faults found I would have to return to garage and they would send off for another repair , I mentioned that this would not be acceptable as product would not be fit for purpose so their responsibility to refund ? However was told could not refund unless given the ok from manufacturer , where do I stand regading rights for a refund if it is not ok ?
thanks

InsideInsurance

TBH, you really only need to cross that bridge if it happens.

Generally, once you are considered to have accepted the goods then it is up to the retailer to decide if they offer a repair, replace or refund as the mechanism to deal with a defect.

Prior to accepting the goods you can reject them and have a right to have a refund. The challenge is that the law is not clear on 100% exactly what constitutes acceptance.

ThumbRemote

Any remedy they offer cannot cause you significant inconvenience.

Will they offer a loan helmet? If not, you could claim their repair time is causing significant inconvenice (especially if you use the bike daily and have no other transport). In this case you would have to buy a new helmet, and pursue the retailer for a refund of the original, potentially through the small claims court.

meat_n2_reg

Thanks for the replies

I did ask for a loan helmet as do use bike daily , just thought that as fault had occured on 2nd day from purchase I would not have considered to have "accepted" goods ?

fingers crossed helmet seems ok after a blast down the motorway , just thought it would be good to know my rights :beer:

Cheers Steve

InsideInsurance

meat_n2_reg wrote: »

just thought that as fault had occured on 2nd day from purchase I would not have considered to have "accepted" goods ?

As usual with our law, it talks in "reasonable time" etc rather than being explicit. There is no clear cut answers as you will see from the link below they give the example of scratched table then you should spot that more or less instantly -v- a lawn mower bought in winter were it may not even be unpacked for a few months.

http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_common_problems_with_products_e/faulty_goods_e/whats_meant_by_accepting_the_goods.htm