Faulty Item

mark_mcc

So, I bought a drone from drones direct based in Huddersfield on 16/8/18 costing £1199.99 , received the package on the 17/8/18 flew it on the 19/8/18 where at 85ft distance and 76ft up it fell with no input to the controller from myself the product was hovering using its own gps connection where it had a connection with 18 satellites. This is a DJI Phantom 4 Pro drone so not something you'd expect to happen during a flight. I then contacted drones direct and they asked for the flight logs which i provided, then they asked for the drone to be returned. i returned this on the 20/8/18 an inspection was carried out by them which the outcome of that was to send to the manufacturer. I then asked for a refund to which they said " as we don't make the product its not up to us to refund you" stating i had to contact the manufacturer directly. After weeks and week of phone calls getting no where i then contacted the manufacturer where they wanted more information which i provided. Tonight they finally got back to me with the conclusion of " Unable to judge" now im left in limbo here they are saying they cannot tell if the item was faulty or it was my fault . what is my next course of action im at my wits end!!

the_lunatic_is_in_my_head

If it was a consumer purchase then you either have the short term right to reject outright for a full refund within 30 days of receipt (but I'm not sure if it's up to you to prove the item is faulty if rejecting outright), or they can refund, replace or repair but they'd be required to prove it's faulty within the first 6 months.

You contract is with the retailer, not the manufacture, and it is the retailer that must resolve.

For that money letter before action to the retailer giving a 14 day timeframe for a resolve followed by small claims.

If you purchased this as a business then your rights are whatever the terms were at the point of purchase.

ThumbRemote

How did you pay? Hopefully by credit card, then you can make a Section 75 claim with the card provider.

Incidentally, "they are saying they cannot tell if the item was faulty or it was my fault". Within the first 6 months a fault is assumed to be inherent (ie a manufacturing defect) unless they retailer shows otherwise. Given the manufacturer has admitted they can't show otherwise, then obviously its a manufacturing defect and you're entitled to a full refund.

mark_mcc

i have honestly tried everything with the retailler, ive mentioned small claims, legal route, bad reviews, breach of contract, ive sent the letter stating a refund within 14 days . everything you can think of ive mentioned but yet they still just fob me off saying sorry there is nothing we can do!!!

i paid with a debit card, i think i need to down the legal route . does anyone know of a firm which would take this on

unholyangel

ThumbRemote wrote: »

How did you pay? Hopefully by credit card, then you can make a Section 75 claim with the card provider.

Incidentally, "they are saying they cannot tell if the item was faulty or it was my fault". Within the first 6 months a fault is assumed to be inherent (ie a manufacturing defect) unless they retailer shows otherwise. Given the manufacturer has admitted they can't show otherwise, then obviously its a manufacturing defect and you're entitled to a full refund.

Except that the assumption doesn't extend to the short term right to reject.

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

Notice it doesn't include (3)(a) - which is the short term right to reject.

And the explanatory notes provides:

97.Subsections (14) and (15) provide that, if a breach of the statutory rights – for example a fault - arises in the first 6 months from delivery, it is presumed to have been present at the time of delivery unless the trader proves otherwise or this presumption is incompatible with the nature of the goods or the particular breach or fault. This applies where the consumer exercises their right to a repair or replacement or their right to a price reduction or the final right to reject. This does not apply where the consumer exercises the short-term right to reject. These subsections correspond to section 48A(3) and (4) of the SGA and section 11M(3) and (4) of the SGSA.

bris

If they are saying unable to judge then they clearly can't find a fault, that not admitting anything.


It's much easier for the retailer to blame pilot error leaving you to prove otherwise. My first thoughts as a retailer would be you crashed it. Sorry but that's what most people would think.