Being left disadvantaged after refund for faulty item

GS..

WET suits let water in, hence the name. You need a DRY suit.
You are not entitled to benefit from a product until it didn't suit you (low tide)
Their maximum liability is the price you pay for it.
Retailers have rights too, including banning customers they prefer not to deal with
.

Paul_DNAP

surfer91919 wrote: »

Correct, because the manufactures website told me to.

"Warranty claims are for a product being sent to Xcel for repair. For returns of Xcel online purchases not purchased from xcelwetsuits.eu, please contact the retailer from where you purchased the product."

Please check XCEL.EU for further warranty terms if you don't believe me.

Please explain why and how I should have disregarded this official advice?

I would say as the buyer I have a right to access MY manufacturers warranty and the retailer has bypassed this without consulting me.

The terms listed on the manufacturer's website do not apply to your purchase as you did not purchase it directly from them, your contract is with the retailer you bought it from and if their sales terms are to refund returns rather than explore a repair/replace, then that is what you get and it's all well within your consumer rights.

societys_child

Manufacturers warranty is nothing to with the retailer.


The retailer upholding your consumer rights is nothing to do with the manufacturer.


You had no contract with the manufacturer as you didn't buy from them.


For reasons only known to the retailer they decided a refund was probably best . . .

davidmcn

surfer91919 wrote: »

Correct, because the manufactures website told me to.

"Warranty claims are for a product being sent to Xcel for repair. For returns of Xcel online purchases not purchased from xcelwetsuits.eu, please contact the retailer from where you purchased the product."

I'll concede it's not particularly clear, but I don't think they're saying you should pursue a manufacturer's warranty claim via the retailer, more encouraging you to pursue whatever other rights you may have via the retailer.

They do after all go on to say:

If you would like to make a warranty claim, please send us an email at warranty@danielsurf.com with the details of your fault including photographs that clearly display the issue.

surfer91919

Carrot007 wrote: »

OK, then I assume you told the retailer (at the start) you were not making a claim on your statutory rights and just using the manufacturers warranty which they needed to participate in? (otherwise I expect they choose the option most beneficial to them).

No I didn't and I doubt I'm the only consumer who doesn't specify whether they want to claim under their statutory rights or the manufacturer warranty.

The fact is I have an email from the retailer saying they would email me with their findings upon inspecting the wetsuit and tell me my options. "We will be in touch when the warranty team have inspected the item". I received no email or other communication whatsoever and as such I should have the right to reject the refund, which may actually be possible through paypal.

I'm surprised everyone who has commented appears to think that this is a proper way to treat customers. It's a major failure of communication and proper process on their part. I accept my own conduct wasn't exactly timely but it was "in time"- I had a years warranty!

For arguments sake, what would you all think if changes in currency value had caused the increase in price for buying another wetsuit rather than it having been in a sale?... And I'd had a refund forced on me with no promised consultation. Still my fault I guess.

surfer91919

Paul_DNAP wrote: »

The terms listed on the manufacturer's website do not apply to your purchase as you did not purchase it directly from them, your contract is with the retailer you bought it from and if their sales terms are to refund returns rather than explore a repair/replace, then that is what you get and it's all well within your consumer rights.

Agreed, but they did not consult me whatsoever and did not make this "refund only" policy clear either. They said they would be in touch, and they weren't.

BoGoF

For the umpteenth time.....a manufacturers warranty is nothing to do with the retailer, despite what the manufacturers website may say.

Your only recourse is via the CRA and as explained numerous times the retailer can choose the remedy. They have elected to refund.

That's it.....finished....game over.

No amount of whining will change that.

surfer91919

davidmcn wrote: »

I'll concede it's not particularly clear, but I don't think they're saying you should pursue a manufacturer's warranty claim via the retailer, more encouraging you to pursue whatever other rights you may have via the retailer.

They do after all go on to say:

It seems quite clear to me; if you bought it from anyone else other than XCEL.EU then you must deal with the retailer and not directly with Xcel.

KatrinaWaves

A years warranty doesn't mean 'discover a fault and use it for another year before you get it fixed'

Yes, a currency/price increase would also be your fault if you delayed purely to enjoy your faulty wetsuit whilst it suited you.

surfer91919

BoGoF wrote: »

For the umpteenth time.....a manufacturers warranty is nothing to do with the retailer, despite what the manufacturers website may say.

Your only recourse is via the CRA and as explained numerous times the retailer can choose the remedy. They have elected to refund.

That's it.....finished....game over.

No amount of whining will change that.

So the fact they said they would be in touch regarding their findings on inspecting the wetsuit and failed to do so is perfectly fine then?