Can I demand a new one?

mbrand505

I Purchased a Stunt Scooter online for £220 which I received on Friday 29th September. On Tuesday 2nd October the back axle snapped causing the wheel and spacers to fall off.

I contacted the supplier on Wed 3rd October who said that they would contact their supplier to send me a new axle and spacers. I was supposed to receive the replacement parts by Wed 8th Oct. I phoned again on the Wed 8th and was told they would get their supplier to send another part by courier and should be here for weekend. It is now Sat 11th Oct and still no parts.

Their website states "Skates.co.uk cannot replace or warranty any scooter, skate or board used in extreme use or at a skate park due to the nature of use they get put through. Skates.co.uk covers items for defects for a period of 30 day's from the date of purchase, this must be proved by the customer that the item supplied was faulty".

Have I been reasonable enough to now ask for a new scooter?

JJ_Egan

You can ask and i would but they do not have to give you a new one .
All covered by the Sale Of Goods Act .
If new its not up to you but the vendor to proof misuse in the first six months .

See >>
If you are in dispute with the consumer about whether or not the goods are faulty and the consumer wants a refund, it's down to him to prove that the goods are faulty.
However, if the consumer wants a replacement or repair in the first instance, there is a six-month period after sale when you must prove that the goods 'conformed to the contract' - that is, they were not faulty - when you supplied them.

tomtontom

You have a reasonable time in which to reject goods which do not conform to contract for a refund. What constitutes a reasonable time is not defined in law, but it is likely a few days would qualify.