Garden Swing purchased via Groupon - broke after 6 months. Rights? 26 February at 4:21PM in Consumer Rights 3 replies 131 views

macsal

Purchased garden swing (£63) via Groupon in June 2019.

December 2019. Two parts of metal poles holding the canopy rusted and broke off (one at each side) so canopy could not be used,  I forwarded Groupon photos of the damaged items.

Contacted Groupon who initially offered Groupon vouchers.  I replied I would prefer my debit card credited which they said could only be done if I returned the item.

I didn’t consider this reasonable as I no longer had the packaging and it may even be difficult to dismantle if screws have rusted - and frankly it took some time to assemble when it was new.  I don’t consider 6 months a reasonable life for a garden swing and therefore don’t consider it fit for the purpose.

Groupon, to be fair, do reply swiftly to my emails but we are at an impasse as they say I must return the swing (they now say they will arrange collection) before a refund can be made.

I offered a compromise of sending the two broken poles (which, as they are curved, would still be a hassle to return but they have not responded to that idea and keep repeating I must return the garden swing.  

Can you offer any advice please.

powerful_Rogue

macsal said:

Purchased garden swing (£63) via Groupon in June 2019.

December 2019. Two parts of metal poles holding the canopy rusted and broke off (one at each side) so canopy could not be used,  I forwarded Groupon photos of the damaged items.

Contacted Groupon who initially offered Groupon vouchers.  I replied I would prefer my debit card credited which they said could only be done if I returned the item.

I didn’t consider this reasonable as I no longer had the packaging and it may even be difficult to dismantle if screws have rusted - and frankly it took some time to assemble when it was new.  I don’t consider 6 months a reasonable life for a garden swing and therefore don’t consider it fit for the purpose.

Groupon, to be fair, do reply swiftly to my emails but we are at an impasse as they say I must return the swing (they now say they will arrange collection) before a refund can be made.

I offered a compromise of sending the two broken poles (which, as they are curved, would still be a hassle to return but they have not responded to that idea and keep repeating I must return the garden swing.  

Can you offer any advice please.

Groupon are going above and beyond your consumer rights.

They *could* ask you to get an independant report to show that the item was inherently faulty and that the damage has not been caused by misuse. They *could* also deduct a % from the refund to take into account the use you have had of the item.

As it stands, I think they are being very reasonable. You shouldn't expect a refund AND get to keep the item.

lincroft1710

They are entitled to ask for the faulty goods to be returned in entirety if you want a refund

macsal

Thanks.  Hadn’t though of the ‘keeping’ aspect as, of course, the item is useless and my thought was the hassle of dismantling and how to pack.  Next step for me would have been the dump.   Again, thanks. Food for thought!  

I was so fed up I have now excepted groupon vouchers.  I should add (with some communication problems), Groupon have responded to emails swiftly and also sent all emails (theirs and mine) for my information.