Bought item from a distributor in England rights.

bagby

Six weeks ago bought some protective knee pads but the outer coating is ripped to shreds exposing the plastic underneath, the material is not strong enough to withstand a fall. Spoke to the person we bought off (they were bought as a club) and his reply is that he will speak to the company (I think they are based in Spain). And he is only the distributor. Would not fit for purpose rights still be valid in the uk. Thanks for any advice.

bod1467

If they were bought as a club then additional CONSUMER rights may not apply. (i.e. business to business contract). SOGA rights could still apply, unless there were any specific terms in the contract regarding what happens in the event of product failure.

Any rights are against the retailer (i.e. who you paid) - in this case the distributor.

It sounds like he is looking at whatever warranty the manufacturer provides. This is not in itself a bad thing, but don't get sidetracked by this.

bagby

Thanks for your quick reply. They were bought as a club only because if we bought a lot of the items then we got a discount. As something else bought at that time has ripped looks like we've been ripped off. Think total paid was £1000+. The distributor said there was still protection but wouldn't look as nice!!!!! Doesn't the distributor have any responsibility.

OlliesDad

What sort of protective knee pads are they? Are they part of sporting equipment or work equipment etc?

A lot of protection equipment is not designed to survive a fall i.e. a cycle helmet will protect a persons head in a fall but should be replaced afterwards.

bod1467

Knee pads - sounds like a skate park or similar.

bagby

They are knee pads for roller hockey - indoor rink. Distributor going to speak to manufacturer but conversations suggest that we should expect friction burns !!! which they do get scuffs but not rips and holes two inches by one inch after only six times use.

bris

Sounds like they did their job, they take the scrapes so you skin doesn't have to. Unless they are made of kevlar then I can't see your complaint as valid.

earthstorm

the outer of kneepads are designed to rip and/or fray in a fall/scrape. it is just a material like your normal trousers, the protection is the pad itself. i would rather have these rip than my skin across my knee.

bagby

So if a settee material frays and goes into holes wouldn't you be able to take it back because you can still sit on it. I know if I had bought from a shop I would be able to take it back, the problem was that the person I bought from was a distributor the goods being from another country and didn't know if any rights.

OlliesDad

Your rights against the distributor would be the same as a normal retailer.

The comparison with the sofa is different.. a piece of protective equipment is designed to stop you getting hurt, if you were in a situation where you escaped injury then it has done its job well. I am not sure it would be reasonable to expect it to stay in an as new condition when being scraped on the floor with a lot of weight behind it.

What sort of flooring was it scraped on? Concrete?

earthstorm

bagby wrote: »

So if a settee material frays and goes into holes wouldn't you be able to take it back because you can still sit on it. I know if I had bought from a shop I would be able to take it back, the problem was that the person I bought from was a distributor the goods being from another country and didn't know if any rights.

but a settee is not designed to protect your knees and fray/ripe. A distributor is just a wholesaler. DSR will not apply as the club would be classed as a business, so b2b, but you could try under SOGA, but as i stated they have worked as they should in protecting your skin, so they scrape/fray.

Would you rather not have these and then end up with a large gash in your knee as your trousers have ripped exposing your knee.