Being left disadvantaged after refund for faulty item

surfer91919

shaun_from_Africa wrote: »

Apart from this:


Using something for a few months whilst being aware that it is damaged could well be classed as improper use, especially if that use could lead to the damage worsening.

Can you advise as to the time frame and number of uses whereby it becomes improper use? Am I to leave the water within 5 seconds of noticing a leak or is 5 minutes OK or can I surf the rest of the week and send it back after that? Because that is essentially what I did with it being used less than 10 times (with two months sitting on my shelf, nowhere said I couldn't do that).
The wetsuit itself bears witness to this as it looks new.

The leakage issues got no worse during the times I used it. The suit looks immaculate. If something had started gaping, I wouldn't have used it the extra 3-4 times that I did. I kept using it because it was more appropriate than my hooded winter suits and my cheapo worn out 4/3 coasteering suit (which ironically leaked less than this premium suit when it was new). I've been surfing 20 yrs and using this specific model of wetsuit in the same size for 15 yrs and all of the suits older than 18 months or so start to develop pin hole leaks- do they ever lead to catastrophic damage? No, it's a normal part of aging which shouldn't start before you've even used it.
I suspect the new water based glues are not a perfect art yet. Either air bubbles in the glue or issues with insufficient tack time and pot life could have caused these leaks.

surfer91919

maisie_cat wrote: »

Actually, the retailer chooses whether it's a repair, replacement or refund. They have put you back in the same position as you were. In fact you have done well to have used it for a few months, the leaks can't have been that bad otherwise it would have been rendered unwearable.

This needs to change, it's obscene that retailers are discarding repairable items when they could go back to the distributor and be fit for purpose again just because it's easier for them to throw away than send off for repair.

Unfortunately I didn't use it for a few months, unless use counts as sitting on a shelf. I wore it less than 10 times which the suit bears witness to. I would just rather that I had it repaired under warranty than have a refund and then fork out almost twice the money for the same suit and if they had got in touch via email as they promised I would have happily paid the postage to get it sent to someone who cares (the distributor) Seems (un)reasonable.
As I said in another post, it was better than wearing my winter suits (too hot and inflexible) or my knackered cheapo 4/3 which I use for coasteering and surfing in the height of summer.

born_again

surfer91919 wrote: »

Sure, a retailer who just replaces and never repairs- I'm sure that mentality will go a long way to prevent pollution and climate change.
There were no T&Cs stating a time frame on returning faulty items. A large number of people on this forum seem to have a moral issue with me not jumping to attention to sort out a manufacturing fault, yet go on about the rule of Law when their moral issue is based purely on conjecture.

Sorry but it can't have been much or a important fault if you managed to use it for a couple of months :rotfl:
Retailers don't need to add return timescales for faults, as most people tend to send them straight back once they have clearance to do so.

How do you know the retailer is dumping the goods?
Maybe they are selling them on to a surf school, or putting them in the sale...

Consumer regs 2015 put the onus on retailer to provide a outcome in the 1st instance. Which they have done.
How they do it is up to them.
If you wanted it fixed under warranty then you should have gone to the manufacture. NOT the retailer.
Could be funny if manufacture says no fault. Then what will you do?

surfer91919

born_again wrote: »

Sorry but it can't have been much or a important fault if you managed to use it for a couple of months :rotfl:
Retailers don't need to add return timescales for faults, as most people tend to send them straight back once they have clearance to do so.

How do you know the retailer is dumping the goods?
Maybe they are selling them on to a surf school, or putting them in the sale...

Consumer regs 2015 put the onus on retailer to provide a outcome in the 1st instance. Which they have done.
How they do it is up to them.
If you wanted it fixed under warranty then you should have gone to the manufacture. NOT the retailer.
Could be funny if manufacture says no fault. Then what will you do?

Anyone who knows anything about wetsuits will know that pinhole leaks are inevitable consequence of aging. Spot the key word there, aging. This was a brand new suit, not an aged one. All my other xcel suits have small leaks because they're all several years old. None had any when I first got them. Upon walking into the water you would not feel any streams of cold water coming in through seams at all.


They must be dumping some goods- they dont send xcel suits back in for repair whilst other retailers do. Hopefully they are reusing some.


As I also said earlier, the distributor himself confirmed that in the first instance you should persue the manufacturers warranty through the retailer but then said that some retailers don't use the warranty service at all. IF they had bothered to tell me this as they promised via email, I would have organised a repair myself as I am now doing.


If they say there's no fault I'll encourage them to actually try using the suit and if that goes nowhere I'll take it back, use it and not buy another wetsuit of that brand or from that vendor- exercise my consumer right and vote with my feet.I think shopping local is a good idea too. I had an issue with some wetsuitboots many years ago and just took them back to the shop on my way through town and they sorted it with no hassle- none of this nonesense.



Nice gloating post btw, really helpful. I wonder if this forum is inhabited mostly by retailers lol.

KatrinaWaves

We should be on commission the amount of times we cause an amazing turnaround within hours of our posts....

Aylesbury_Duck

I wonder if this forum is inhabited mostly by retailers lol.

It took three pages, but there it is. Bingo.

Bermonia

OP next time your looking for everyone to tell you that you’re in the right, perhaps it would be better to post on fb as opposed to a forum... sure your friends will be only too happy to agree how hard done by you have been. Forums on the other hand tend to tell it how it is as that is considered useful information.

Manxman_in_exile

surfer91919 wrote: »

This was useful advice thank you, and I have got somewhere with it!

Yet another consumer victory for MSE! Carrot007 gave a successful suggestion within 90 minutes of the OP!

kimplus8

you sound incredibly entitled OP, no you don't get compensation for not being able to buy an alternative item in the sale.
just suck it up and buy a full price one if you want to go surfing that badly.

photome

I skimmed a few posts but gist is retailer issues a full refund without question after 2 months of use( rather than partial) , great customer service, but customer wants more.

glad i am not a retailer