Faulty product number 4! How to proceed?

PhilUK84

Hi all. I bought a guitar effects processor for approx £1500 via a buy now pay later scheme at the end of July from a well known guitar shop. I have spent a lot of money there, for what it's worth.

I'm now on replacement number 4 due to various faults and this one is now failing.

The first one had a cycling noise that repeated loudly every 12 seconds. That was noticed right away and they collected it and sent a new one out.

The second one a switch stopped responding properly. I brought it to the local store and they agreed in the shop and replaced it.

The third one the input just stopped working. I couldn't get anything to register. I brought it back to the store and again, they agreed and replaced it.

Now this one is faulty. The buttons are meant to be soft bottons but two of the buttons crunch when step on them. They seem to hit the side of the chassis as you depress into it and it's not smooth but like a big clunk. I fear that it's causing it damage and its quite noticeable. It's not meant to do that. It's definitely a fault.

So I contacted the web support and I said look, this is my 4th one. Can I bring it to the shop for a replacement again and they said sorry but under our warranty policy it says you need to mail it to us. So they gave me the details to return it. They said they won't give me a shipping label and I have to pay for it myself even though in the same email in the terms it says:

'Any repairs/handling fees for a legitimate warranty complaint (I.e. where an item's fault is accepted under warranty by either ourselves or the manufacturer) are completely free of charge. If an item is not deemed under warranty then any charges for repair or shipping would be payable by yourself.'

They said that means that they'll pay for the courier in the event that they have to send it back to the manufacturer, not if I have to send it to them. That doesn't sound right to me.

In the same email, in the generic terms it states:

'If it is more convenient for you we can also accept items back at your local branch. If you would like to return this item to one of our stores please contact our Support Team first to make these arrangements prior to your visit.'

I don't see why I should be out of pocket to send the item to them. And I don't see what the exception is. They've agreed every time that there was a fault.

I'm at the end of my tether with this product and now I want to cancel the finance and give it back to them. I use it once a week at practice and then once a month at a gig. Nothing strenuous.

My understanding is that The Consumer Rights Act essentially says that if a fault develops within 6 months I can ask for a refund or a replacement and if the replacement is faulty I can also ask for a complete refund and I shouldn't be out of pocket by paying for return delivery for a faulty item.

I got this product on buy now pay later finance and while I love how it sounds and a lot of the functions I have no faith in it and I want to return it to them for a full cancellation of the finance and get a used Helix.

Can anyone advise me on how I should proceed and whether or not my understanding is correct. Thanks a lot!

TLDR: Bought item via buy now pay later finance at the end of July (5 months ago). I am on number 4 and this one is faulty. Shop says I have to mail it to them but I will be out of pocket. Am I within my rights to demand the sale is cancelled due to faulty product and have the finance cancelled. Do I really have to pay for return postage?

Jono111

The trouble is that foot pedals are built to last and rarely fail. If it is a big chain they will have sold a number of these pedals and know the returns rate. If for example they have sold 20 of them nationwide and only you are having issues then they may want a closer look before replacing the fourth one.

The shop may well have got feedback from the manufacturer about the other three failures as well, if the manufacturer believes the shop has returned a customer damaged item under warranty they may charge the shop.

But this is all just guesswork. Pay the postage and if it is found to ba a warranty issue they will refund the postage, if not covered by warranty they will post the faulty one back to you.

PhilUK84

Jono111 wrote: »

The trouble is that foot pedals are built to last and rarely fail. If it is a big chain they will have sold a number of these pedals and know the returns rate. If for example they have sold 20 of them nationwide and only you are having issues then they may want a closer look before replacing the fourth one.

The shop may well have got feedback from the manufacturer about the other three failures as well, if the manufacturer believes the shop has returned a customer damaged item under warranty they may charge the shop.

But this is all just guesswork. Pay the postage and if it is found to ba a warranty issue they will refund the postage, if not covered by warranty they will post the faulty one back to you.

Actually the returns rate on these are very high. Especially the first batch. The switches were failing left right and centre and when I returned them the manager of that branch was saying that they released it very quickly and they've had lots of returns. I'm more wondering if I can now cancel the order if I please as per the act.

Personally I don't think I should be paying for the return as the legislation seems to say I shouldn't. I sent an item back tot hem before and had to pay the postage and they didn't refund me the postage,

I've also contacted the company so I'm hoping they're a bit more compliant with it.

Jono111

Good luck. I hope you get it sorted. I would gather some evidence of the high failure rate and use that to get the shpiping paid for.