Product Developed Fault After 6 Weeks

anotheruser

I bought a product - over £200 worth from an online seller.
It's developed a fault after about 6 weeks of use. The company suggested its very unlikely to be customer damage but they can't accept it for a refund or exchange. A piece has broken off.

I've spoken to their customer services department for about a week and they're digging their heel in and not accepting a return. One person said it can't be my fault, another rep is saying it must be my fault.

I paid through PayPal and have opened a case with them (its been escalated to them) but I don't expect a favourable outcome as it seems when PayPal decides with companies, they always side with the company.

The terms on the seller website says they accept returns up to 6 months for faulty products but as they're saying my product isn't faulty, it's damaged, they won't accept it back.

Anything else I can do?
Bank charge back?

KatrinaWaves

Breakages can go either way really, it could have been made incorrectly so that point was weak, or of course you could have broken it.

When you say 'the company suggested' do you mean the CS rep who said it isnt or has something more 'official' been issued.

A bank charge back will fail if you don't follow the correct procedures, if the company refuses to budge and keeps saying you have broken it, you would need to engage an independent expert to show the inherent weaknesses/faults which caused it to break. Damages are trickier than things that stop working properly.

theonlywayisup

anotheruser wrote: »

I bought a product - over £200 worth from an online seller.
It's developed a fault after about 6 weeks of use. The company suggested its very unlikely to be customer damage but they can't accept it for a refund or exchange. A piece has broken off.

I've spoken to their customer services department for about a week and they're digging their heel in and not accepting a return. One person said it can't be my fault, another rep is saying it must be my fault.

I paid through PayPal and have opened a case with them (its been escalated to them) but I don't expect a favourable outcome as it seems when PayPal decides with companies, they always side with the company.

The terms on the seller website says they accept returns up to 6 months for faulty products but as they're saying my product isn't faulty, it's damaged, they won't accept it back.

Anything else I can do?
Bank charge back?

Paypal don't usually side with the seller, they are slightly more levelled (certainly than eBay) and take both sides then make a decision based on the evidence given. However, they don't offer a guarantee and a Paypal case is for an issue upon delivery/first use.

If the case is escalated you may as well wait to hear what they say. If you are very lucky they may rule in your favour and ask you to return it. You need to return it via an online trackable means. If you google Paypal Returns On Us you should be able to register for a scheme by them which will provide reimbursement to £15 for returns postage costs.

As for a chargeback, I would wait for the case and if it goes against you speak to your bank - be warned though, most take the view that Paypal is a third party payment and they may not be willing to help.

tacpot12

Did the damage occur during the normal use of the item? Do you think the damage occurred because the item was not fit for purpose, or because of a manufacturing fault?

In the former case, a replacement item would be expected to fail in the same way if used in the same manner. In the latter, a replacement item would be expected not to fail.

You need to put the case that the item is damaged because either it was not fit for purpose or because of a manufacturing fault.

Persistence and sticking to the same view s to the cause of the damage should pay off here. Keep trying.

bris

Knowing the item would help, but normally when something breaks off it's usually customer damage.

unholyangel

They can't limit returns to faulty items because you strictly don't have rights for faulty goods, you have rights for goods that fail to conform to contract.

Any lack of conformity that becomes apparent in the first 6 months is assumed to be inherent and it is for the retailer to prove otherwise (that it was caused by misuse for example) - the only time this isn't the case is if you are exercising the short term right to reject (which is unlikely give you say its been 6 weeks - more than the 30 days you have to exercise the short term right to reject).

See what paypal say, but perhaps draft a letter before action to the retailer just in case paypal decline your claim.