warranty void without original proof of purchase??

Al3x

Scenario: Purchased a bike trainer from eBay made by a company called Wahoo. Trainer was described as new, but wasn't. That's ok. Found that the said trainer doesn't actually work as described and contacted the seller whilst looking for a solution online.

Turns out that the seller thought the item was new and allegedly received it as a gift... so no original proof of purchase. But will reluctantly accept a return.

In the meantime turns out this issue I'm experiencing is plaguing a small proportion of these trainers and the initial response from Wahoo customer services is positive- we will need to replace the trainer it cannot be repaired. Could we have your address where to send a new trainer and proof of purchase?

No problem.

Oh sorry, as it appears you purchased it from eBay and cannot provide original proof of purchase, therefore according to our terms on our website, your warranty is void!

Surely it should not matter where I purchased this from? They've admitted it's a problem and needs replacing. I've provided the PayPal transaction as proof of purchase and the units serial number.

Can they do this, or are they breaching UK consumer law by refusing the replacement now?

Any advice appreciated :beer:

PS They easiest thing i could do is return the unit to the eBay seller. This is an option, however I'm pretty sure Wahoo are in breach and therefore should replace the faulty goods at their cost?

bris

You have no rights, the original purchaser has rights if they have proof. There is nothing you can do, just do the Ebay return.

shaun_from_Africa

Wahoo aren't breaching any laws in what they are doing.
As a warranty is something that is provided and is in excess of any consumer rights, the warranty provider is allowed to state pretty much whatever terms they wish regarding claiming on the warranty and if these terms states that an original receipt is required or that only the original purchaser can use the warranty then this is perfectly acceptable.

Undervalued

Al3x wrote: »

Can they do this, or are they breaching UK consumer law by refusing the replacement now?

Yes they can and no they are not.

You have no contract with the manufacturer and any warranty they offered was in addition to the original purchaser's statutory rights. So if the terms of that warranty says it is not transferable (which seems to be the case) that is how it is.

The original purchaser may have a claim against them but you don't. Any rights you may have are against the person you bought from.

Al3x

not what i wanted to hear, but appreciate you taking the time to read and reply

I would've thought that since it's a globally recognised issue and wahoo fully admitted this publicly and my unit has a valid serial number, that should be enough proof of purchase and some basic consumer right to a product fit for purpose would apply!

Didn't want to waste time and money on postage and packing back to the ebay seller either! But may be my only way it would appear

KatrinaWaves

Al3x wrote: »

not what i wanted to hear, but appreciate you taking the time to read and reply

I would've thought that since it's a globally recognised issue and wahoo fully admitted this publicly and my unit has a valid serial number, that should be enough proof of purchase and some basic consumer right to a product fit for purpose would apply!

Didn't want to waste time and money on postage and packing back to the ebay seller either! But may be my only way it would appear

You could have nicked it for all they know, or the eBay seller.

Rights remain with the original purchaser so, see if you can get the POP from the eBay sellers gift giver.

Jumblebumble

Al3x wrote: »

Scenario: Purchased a bike trainer from eBay made by a company called Wahoo. Trainer was described as new, but wasn't. That's ok. Found that the said trainer doesn't actually work as described and contacted the seller whilst looking for a solution online.

Turns out that the seller thought the item was new and allegedly received it as a gift... so no original proof of purchase. But will reluctantly accept a return.

In the meantime turns out this issue I'm experiencing is plaguing a small proportion of these trainers and the initial response from Wahoo customer services is positive- we will need to replace the trainer it cannot be repaired. Could we have your address where to send a new trainer and proof of purchase?

No problem.

Oh sorry, as it appears you purchased it from eBay and cannot provide original proof of purchase, therefore according to our terms on our website, your warranty is void!

Surely it should not matter where I purchased this from? They've admitted it's a problem and needs replacing. I've provided the PayPal transaction as proof of purchase and the units serial number.

Can they do this, or are they breaching UK consumer law by refusing the replacement now?

Any advice appreciated :beer:

PS They easiest thing i could do is return the unit to the eBay seller. This is an option, however I'm pretty sure Wahoo are in breach and therefore should replace the faulty goods at their cost?

It could also be a grey import
Wahoo UK could likely then argue that they have no responsibility at all as thay did not profit from the sale ( assuming this is relevant)
Some SIP phones we buy have lifetime warranty but not if grey imported

JumbleBumble

marcarm

Al3x wrote: »

not what i wanted to hear, but appreciate you taking the time to read and reply

I would've thought that since it's a globally recognised issue and wahoo fully admitted this publicly and my unit has a valid serial number, that should be enough proof of purchase and some basic consumer right to a product fit for purpose would apply!

Didn't want to waste time and money on postage and packing back to the ebay seller either! But may be my only way it would appear

Consumer rights won't apply as you are not a consumer of Wahoo.

TheTalkingDead

Sounds perfectly legal in wahoo's actions, but if wahoo uk are saying there is a "recall" on one of their products as it does not perform to manufacturer spec or safety concern, then that's a different issue especially if that covers products outside of warranty too.

Al3x

thanks all,
no there's no recall on these. and no, i haven't nicked it, as I have PayPal as proof of payment!
As for grey imports- i wouldn't have a clue, but would imagine they could tell from the serial number, which is the first thing i gave to them

my rationale was- i could have gone with any number of alternatives to this, yet i went with a Wahoo product, that makes me their customer!

If these were exploding in peoples homes, then I'm sure the conversation would've been much shorter. However because they are faced with a massive demand for replacements due to this issue which renders units unusable, they welcome any opportunity to refuse...

Just seems like sh!te customer service...

marcarm

Al3x wrote: »

thanks all,
no there's no recall on these. and no, i haven't nicked it, as I have PayPal as proof of payment!
As for grey imports- i wouldn't have a clue, but would imagine they could tell from the serial number, which is the first thing i gave to them

my rationale was- i could have gone with any number of alternatives to this, yet i went with a Wahoo product, that makes me their customer!

If these were exploding in peoples homes, then I'm sure the conversation would've been much shorter. However because they are faced with a massive demand for replacements due to this issue which renders units unusable, they welcome any opportunity to refuse...

Just seems like sh!te customer service...

You are not their customer, you are the customer of whoever sold it to you, and they are the customer of whatever shop they bought it from, and whatever shop that is is the customer of their supplier and that supplier is the customer of Wahoo.

It's not !!!!! customer service, if you want the benefits of "customer service", then you need to buy direct or from a shop, not 2nd hand as your rights are somewhat reduced compared to buying new from a shop.

You cannot have it both ways, 2nd hand unit for a cheaper price with reduced rights, or a new unit with full rights but a higher cost.