return item who pays?

liverbirdie

I bought a scanning laser unit for hair reduction from Ideal World in August 2012 with a two year guarantee.

They advertised, and still do, that if you use the product once a month for six months the area you are treating will be hair free.

I have been using the item as specified for 14 months now with NO reduction.

I emailed Salon Essentials who make the product. They have asked me to return the product for checking at my expense. They said that if it is faulty they will repair it and if it isn't faulty they will post it back, for me to continue using it

I also emailed Ideal world, they said that they don't deal with cosmetic or technical enquiries, and suggested I get in touch with Salon Essentials, and should a fault be found, then Ideal world would arrange a return.

Should they not help with return shipping.

Could this product be deemed 'not fit for purpose'.

earthstorm

your contract is with the retailer ( who you purchased it from). you have no contract with the manufacturer

visidigi

I'd be checking the terms of their claim, I'd be almost certain it states results may vary and are not guaranteed....

smalltimepro

earthstorm wrote: »

your contract is with the retailer ( who you purchased it from). you have no contract with the manufacturer

I think warranty is usually covered by manufacturer not by retailer. I remember buying a toshiba laptop from laskys.com which developed a fault. The repair was dealt directly by Toshiba, never even contacted the retailer.

OP - some manufacturers arrange a pickup of the product, but this is only good customer service. They are not bound by law to do so. If Saloon Essentials refuse to pick up the cost there is not much you can do. Try to haggle with them on the issue, sometimes it works.

liverbirdie

visidigi wrote: »

I'd be checking the terms of their claim, I'd be almost certain it states results may vary and are not guaranteed....

Good point, wonder where I can find that info.

They do say it wont work on people with very dark skin nor will it work on people with white hair.

Fishingtime

smalltimepro wrote: »

I think warranty is usually covered by manufacturer not by retailer.

But would this be covered under warranty ?

The OP is saying it has not done what it says it is meant to, which is to remove hair.
If the machine is faulty then the warranty may kick in. But if they claim it removes hair and doesn't then where does the OP stand.

frugal_mike

The warranty (if there is one) is above and beyond statutory rights. OP has a contract with the retailer, not the manufacturer. If the item is faulty or does not perform the function it claims it will then any claim would be against the retailer and not the manufacturer.

The retailer can choose to use the manufacturer to fix faulty items, but they cannot tell the buyer that it is not their (the retailers) responsibility. I would always advise someone to go to the retailer first before going to the manufacturer.

However as it is more than 6 months since purchase it will be up to OP to prove the item is faulty and the retailer don't have to do anything until then.

shaun_from_Africa

visidigi wrote: »

I'd be checking the terms of their claim, I'd be almost certain it states results may vary and are not guaranteed....

They do say that results vary, but there;s nothing about results not being guaranteed. (This is in the current ad and it could well have changed since the OP made their purchase)

How many treatments will I need?

• Laser hair reduction is generally considered to be effective after 6 treatments over a 6 month period
• This varies from person to person and depends on the area you are treating, hair density, your hair's growth cycle and colour

http://www.idealworld.tv/Salon+Essentials+Hair+Removal+Scanning+Laser+X60+with+2+Year+Warranty-267980.aspx

liverbirdie

the tv demonstrator says when the hair is gone, it is gone. Also if you start using it now you will be hair free for your summer holidays next year.

The retailer is saying not their problem and the manufacturer is saying they will check it if I post it to them at my expense. If they don't find a fault they will return it. Problem being in that scenario it still is not doing what they claim it will do, for me at least.

liverbirdie

frugal_mike wrote: »

The warranty (if there is one) is above and beyond statutory rights. OP has a contract with the retailer, not the manufacturer. If the item is faulty or does not perform the function it claims it will then any claim would be against the retailer and not the manufacturer.

The retailer can choose to use the manufacturer to fix faulty items, but they cannot tell the buyer that it is not their (the retailers) responsibility. I would always advise someone to go to the retailer first before going to the manufacturer.

However as it is more than 6 months since purchase it will be up to OP to prove the item is faulty and the retailer don't have to do anything until then.

This item takes 6 months to work, and show results, as advertised once a month for six months to catch the hair in the growing cycle.

frugal_mike

If you had reported the fault after the six months they claim it takes to see results then I think it could have been argued that you had not accepted it so could have rejected it for a full refund.

After 14 months you will be deemed to have accepted it, so you can't reject for a full refund. They still have to fix, replace or refund if it's inherently faulty, but they can require you to prove it's faulty.