Being left disadvantaged after refund for faulty item

[Deleted User]

surfer91919 wrote: »

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.

The reason behind the price increase is irrelevant. Sale, currency, manufacturing cost, Brexit, Trump, The Chuckle Brothers... It doesn't matter. The price is simply now higher.

surfer91919

KatrinaWaves wrote: »

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.

It was two months. I stopped using it before 10 sessions were up because it was too cold... nowhere near the end of the warranty. The retailer didn't mention any issue with the time delay upon returning either, so why does this make it OK for them to not communicate with me over their decision (as they said they would)?

So by your reckoning, a price increase would also be my fault if the fault had occurred after 2 months OR I'd been on the other side of the world and couldn't return it due to logistical issues.... either of those things would have delayed me returning the wetsuit and resulted in the same result due to the retailers failure to communicate as per their promise.

KatrinaWaves

surfer91919 wrote: »

It was two months. I stopped using it before 10 sessions were up because it was too cold... nowhere near the end of the warranty. The retailer didn't mention any issue with the time delay upon returning either, so why does this make it OK for them to not communicate with me over their decision (as they said they would)?

So by your reckoning, a price increase would also be my fault if the fault had occurred after 2 months OR I'd been on the other side of the world and couldn't return it due to logistical issues.... either of those things would have delayed me returning the wetsuit and resulted in the same result due to the retailers failure to communicate as per their promise.

Why do you keep speaking in hypotheticals? What happens if the post office went on strike for 6 months!

Those things didnt happen. You knew it was faulty but didnt want to miss out on surfing.

When you asked to return did they say 'oh please feel free to use it for as long as you want before you send it back' No. When people ask to return stuff, they usually, erm, return it? Staff wouldnt be expected to explain to you that you shouldnt go use it to surf for another 2 months... The warranty is there (if you claimed under it) if you admitted you discovered the fault initially but used it for another 2 months you will probably have voided the warranty anyway!

davidmcn

surfer91919 wrote: »

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.

Yes, but I don't think it's clear that they mean you can pursue the manufacturer's warranty via the retailer.

(their website is https://uk.xcelwetsuits.eu/ btw, not "xcel.eu")

surfer91919

KatrinaWaves this argument you are pursuing regarding me delaying returning the suit is hypothetical too. Neither the warranty terms or the terms of business from the retailer state a time frame of returning faulty goods. The retailer made no mention at any point during correspondence either.
They DO state that once the wetsuit has been inspected (it was in cosmetically mint condition) that they'll be in touch regarding their findings... Which they weren't. I guess it was my fault they didn't bother to email as promised?

BoGoF

surfer91919 wrote: »

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?

They were in touch......they refunded you.

The fact they didn't tell you is irrelevant to the matter in hand.

The retailer has refunded you in accordance with the Consumer Rights Act and if you cannot understand that is their only obligation to you then no one csn help you.

born_again

Don't think I've ever seen a thread where someone is moaning that a Manufacture Warranty was not used by a retailer when faulty goods were received...
It's usually retailer is trying to fob me off with contacting the manufacture.

I purchased a spring/ autumn wetsuit back in October
I promptly reported this to the retailer who authorised a return
I returned the suit to them only last week (its January now)
I abruptly received a full refund without explanation yesterday.

I guess you hit on a good retailer there.
I guess the reason they did not respond is that you took over 2 months to return and thought why should should we bother.
They could have held on to it for the same period and then decided that no it's fine and sent it back.

KatrinaWaves

born_again wrote: »

I guess the reason they did not respond is that you took over 2 months to return and thought why should should we bother.
They could have held on to it for the same period and then decided that no it's fine and sent it back.

Good point, OP maybe they will tell you early May why they did that Their terms make no promise theyll do it earlier.l..

powerful_Rogue

surfer91919 wrote: »

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.

They have fulfilled their legal obligations, whether they comunicated with you or not.
Paypal won't be in the slightest bit interested in this.

JimmyTheWig

surfer91919 wrote: »

KatrinaWaves this argument you are pursuing regarding me delaying returning the suit is hypothetical too. Neither the warranty terms or the terms of business from the retailer state a time frame of returning faulty goods. The retailer made no mention at any point during correspondence either.
They DO state that once the wetsuit has been inspected (it was in cosmetically mint condition) that they'll be in touch regarding their findings... Which they weren't. I guess it was my fault they didn't bother to email as promised?

I think you've slightly missed everybody's point.
The point is that the law says they are allowed to do what they have done. Full stop.
All you can try to do is argue the moral high-ground and that you have been treated unfairly. I'm not sure where this will get you if successful, but it would at least be something. Other people don't think you have the moral high-ground. Which, for you, is a shame. But remember the point that even if they did, the seller still did what they needed to do in the law.