Faulty Tent; Can I get a refund?

Jono_3

Hi, looking for some advice please.

We bought a tent on 16/04/18 from an online retailer at a cost of £899.10

We have just got back from a 2 week camping holiday during which the tent failed on multiple occasions. I contacted the retailer when the first failure arose and they arranged for the manufacturer to send out replacement parts. We were unable to stay in our tent for 2 nights until the parts were delivered.

During the remainder of the holiday several other leaks and problems arose. We have photo and video evidence of the various problems. I have now contacted the retailer again to inform them of the various problems and to request a refund. They are saying that as it is longer than 30 days they are unable to offer a refund but will either replace the tent or offer us a store credit for the purchased amount of £899.10

Having experienced the faulty tent our faith is low that a replacement would be any better. We also do not want any other tent from their website as we do not feel they suit our families needs / sleeping arrangements.

I understand the 30 day limit but it seems unreasonable to apply it to a large family tent when you need to go on holiday / use it in the rain for it to show as faulty.

We bought the tent on our credit card so I have been reading up on Section 75 to see if that may be another avenue for getting a refund. Does the same 30 day rule apply with Section 75?

Do I have any chance of getting a refund either way?

Thanks in advance for any help.

bris

After 30 days they have the right to repair, replace or refund, The choice is theirs not yours. So they can replace it.


S75 will only get involved when their is a breach of contract, as the have offered to replace it then there is no breach.

Jono_3

Thanks,

Am I right in thinking that if we get the tent replaced and the second tent also turns out to be faulty we can then claim a refund as long as it is within 6 months of the original purchase date (in this case April 18)

LadyDee

Not sure they can insist on refunding with a credit note, I've always understood if they offer a refund it has to be in the same form as the payment. Others will know more but a point that might be worth investigating.

marlot

LadyDee wrote: »

Not sure they can insist on refunding with a credit note, I've always understood if they offer a refund it has to be in the same form as the payment. Others will know more but a point that might be worth investigating.

But the retailer get to chose whether to repair, replace or refund. As they're offering a replacement, the offer of a credit note is in addition to the OP's legal reights.

neilmcl

Jono_3 wrote: »

Thanks,

Am I right in thinking that if we get the tent replaced and the second tent also turns out to be faulty we can then claim a refund as long as it is within 6 months of the original purchase date (in this case April 18)

Yes.

Also, as it seems they've already attempted to repair it once and failed strictly speaking you are entitled to exercise your final right to reject and claim a full refund (a proper one, not a credit note)

CardinalWolsey

Was there any dried grass / mud on the groundsheet of the tent when you first unpackaged it, as if someone else had tried it out before you and returned it?

Aylesbury_Duck

CardinalWolsey wrote: »

Was there any dried grass / mud on the groundsheet of the tent when you first unpackaged it, as if someone else had tried it out before you and returned it?

:rotfl::T

Surely not. Who would do such a thing?

Free tent hire seems to be the fashion this summer.

CardinalWolsey

Aylesbury_Duck wrote: »

:rotfl::T

Surely not. Who would do such a thing?

Free tent hire seems to be the fashion this summer.

Although some shops do seem to be clamping down on it. I forget, was it Argos?

Aylesbury_Duck

CardinalWolsey wrote: »

Although some shops do seem to be clamping down on it. I forget, was it Argos?

You do forget. The other poster got a full refund, remember? And compo. And a hamper.

pogofish

Nine hundred quid for a tent....! :eek:

For that price, I'd expect at least a team of bearers to thrown-in to put it-up!