Lay Z Spa Warranty

CML67

Hi guys,

The question is regarding the warranty of electrical goods in this case a Lay Z Spa. I purchased this Spa from a friend of a friend a couple of months back who was buying and selling Brand new boxed Lay Z Spa's to try and get some income as his business was completely flushed due to Covid. The product was purchased from Amazon by him and i saw the original receipt as it was uploaded to register for the extended warranty. The Spa I purchased from him was brand new boxed and sealed. The family and I love the Spa it is superb but I have had an issue with the pump on the Spa and as these Spas come with a 2 year warranty, (which the company make a very big deal of and good part of the reason i purchased it) When I contacted the company to report the faulty pump they have come back to me saying that because i purchased from a 'non registered reseller' my warranty was non transferable and in fact void!!! I was always under the impression the product had the warranty not the individual the same way a car has. Surely the product has some kind of faulty goods warranty at least?? I am of the opinion the company are acting unlawfully and wish to take them to task. Before I do this i am hoping that someone on here can advise as to where I stand. I put also put eBay in the category because a friend purchased one of these also after seeing my Spa from a private individual doing the same thing on eBay. Any advice, knowledge or input would be greatly received.

soolin

I belong to several hot tub groups as I used to have a Lazy spa  - unfortunately Lazy spa are correct, the warranty stays with the original owner unless they sold it as an official retailer. As your friend though is a business (well at least I hope he is properly registered) he has a duty of care, so you can return it to him and expect him to deal with repair or replacement. He holds the contract with both Amazon and Lazy spa - but of course he bought as a B2B purchase so does not have full consumer rights- but that is his issue not yours.

Spas have been in short supply this year and have been snapped up by opportunists selling for vastly inflated prices and many many people are getting stung by buying from unregistered businesses. Try some of the Facebook forums - here's one at random but there are plenty more https://www.facebook.com/groups/31151769781/

However, when you registered your warranty with LS did you upload the receipt you were given, In which case how do they know you weren't the original owner? A receipt is a receipt. 

The ebay one is easier if buyer is still within the 30 days post delivery or 180 days on paypal (although paypal don't offer warranties they do often assist in returns - but at buyers cost) . 

soolin

Incidentally with pump faults the owner groups are very useful - most people seem to suffer from EO2 or EO4 errors several times a month and it is easily fixed. 

CML67

soolin said:

I belong to several hot tub groups as I used to have a Lazy spa  - unfortunately Lazy spa are correct, the warranty stays with the original owner unless they sold it as an official retailer. As your friend though is a business (well at least I hope he is properly registered) he has a duty of care, so you can return it to him and expect him to deal with repair or replacement. He holds the contract with both Amazon and Lazy spa - but of course he bought as a B2B purchase so does not have full consumer rights- but that is his issue not yours.

Spas have been in short supply this year and have been snapped up by opportunists selling for vastly inflated prices and many many people are getting stung by buying from unregistered businesses. Try some of the Facebook forums - here's one at random but there are plenty more https://www.facebook.com/groups/31151769781/

However, when you registered your warranty with LS did you upload the receipt you were given, In which case how do they know you weren't the original owner? A receipt is a receipt. 

The ebay one is easier if buyer is still within the 30 days post delivery or 180 days on paypal (although paypal don't offer warranties they do often assist in returns - but at buyers cost) . 

Hi,

Yes the original receipt was uploaded to give the 2 year warranty so i will obviously go that route, but surely if a product is faulty the manufacturer/importer has a duty of care to either replace or repair said faulty item. Surely they cannot side step their responsibility simply because the product was sold to another person? When i purchased my spa from this friend of a friend, it was brand new boxed and untouched, are you telling me it has no warranty..?? purely because of this?? Any new electrical item purchased in the UK HAS to come with a warranty...

soolin

CML67 said:

soolin said:

I belong to several hot tub groups as I used to have a Lazy spa  - unfortunately Lazy spa are correct, the warranty stays with the original owner unless they sold it as an official retailer. As your friend though is a business (well at least I hope he is properly registered) he has a duty of care, so you can return it to him and expect him to deal with repair or replacement. He holds the contract with both Amazon and Lazy spa - but of course he bought as a B2B purchase so does not have full consumer rights- but that is his issue not yours.

Spas have been in short supply this year and have been snapped up by opportunists selling for vastly inflated prices and many many people are getting stung by buying from unregistered businesses. Try some of the Facebook forums - here's one at random but there are plenty more https://www.facebook.com/groups/31151769781/

However, when you registered your warranty with LS did you upload the receipt you were given, In which case how do they know you weren't the original owner? A receipt is a receipt. 

The ebay one is easier if buyer is still within the 30 days post delivery or 180 days on paypal (although paypal don't offer warranties they do often assist in returns - but at buyers cost) . 

Hi,

Yes the original receipt was uploaded to give the 2 year warranty so i will obviously go that route, but surely if a product is faulty the manufacturer/importer has a duty of care to either replace or repair said faulty item. Surely they cannot side step their responsibility simply because the product was sold to another person? When i purchased my spa from this friend of a friend, it was brand new boxed and untouched, are you telling me it has no warranty..?? purely because of this?? Any new electrical item purchased in the UK HAS to come with a warranty...

You have full consumer rights from the person you bought it from, so as previously started your friend who you bought it from is the seller in this case and it is against them you need to enforce your consumer rights. If you had bought it from B and Q then initially your rights would have been with them in the first instance.

soolin

I think this might be the same group as previously, but there is a new thread about lazy spa declining a warranty claim as the tub was bought from eBay and seller was not an authorised reseller

it confirms that the warranty is not transferable. However as above that doesn’t take away consumer rights which lie with the seller and not with the manufacturer. 

https://www.facebook.com/groups/31151769781/

CML67

soolin said:

I think this might be the same group as previously, but there is a new thread about lazy spa declining a warranty claim as the tub was bought from eBay and seller was not an authorised reseller

it confirms that the warranty is not transferable. However as above that doesn’t take away consumer rights which lie with the seller and not with the manufacturer. 

https://www.facebook.com/groups/31151769781/

I frankly think this is ridiculous. How on earth can the seller be responsible if something goes wrong..? The Manufacturer makes the product and warrants against faults and defects. It is their product and responsibilty if something goes wrong. "authorised reseller" or not. I cannot for the life of me remember a company trying to abscond from their responsibilty in a greater way. Pretty much every single product for sale on the market now a days is warranted against defect or fault, for a minimum of 12 months regardless who does or does not own it.

soolin

CML67 said:

soolin said:

I think this might be the same group as previously, but there is a new thread about lazy spa declining a warranty claim as the tub was bought from eBay and seller was not an authorised reseller

it confirms that the warranty is not transferable. However as above that doesn’t take away consumer rights which lie with the seller and not with the manufacturer. 

https://www.facebook.com/groups/31151769781/

I frankly think this is ridiculous. How on earth can the seller be responsible if something goes wrong..? The Manufacturer makes the product and warrants against faults and defects. It is their product and responsibilty if something goes wrong. "authorised reseller" or not. I cannot for the life of me remember a company trying to abscond from their responsibilty in a greater way. Pretty much every single product for sale on the market now a days is warranted against defect or fault, for a minimum of 12 months regardless who does or does not own it.

My daughter in law returned a paper shredder to Tesco a few weeks back as the motor died on it after a few weeks and the item was replaced. Are you suggesting she should have returned it to whichever overseas company manufactured it instead?  I sell at fairs and online, I’m not sure my customers would be happy if they returned a faulty item and I told them ‘sorry- nothing to do with me here’s the address of the manufacturer, talk to them’. 

This is the MSE Guide to assist you

https://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange/

• DO return it to the store, not the manufacturer

  If it breaks the SAD FART rules, your agreement's with the shop you bought it from, NOT the manufacturer. So the retailer MUST deal with it – don't let it palm you off.

  For more info, see the Know who's responsible section below

  
  

  You can check the Citizens Advice Bureau advice as well if you prefer and that will direct you to the retailer. 

  Lazy spa offer a warranty that is over and above your consumer rights but as you bought it from an unauthorised retailer it appears that warranty is not available to you, but that does not take away your consumer rights.  I realise it is probably a little awkward going back to your friend, but they bought it as business Stock and should have contingency to deal with returns and faults. These Inflatable spas are notorious for having issues, I got through 3 before giving up (all replaced under warranty) and on many of the groups people talk about buying them and reselling and are always warned that this is likely to be problematic when people want to return them due to faults. 

  
  

CML67

Soolin, really appreciate your input and do not mean to sound in any way like i am disagreeing with you as you quite obviously know a great deal more about this than myself, so thanks again. In relation to your quote re your daughter in law and Tesco. This friend of mine is a private individual, simply trying to make a few extra ££'s in lockdown as his business was completely screwed over by Covid. I purchased a Spa from him, 1 because it was brand new, 2 because i couldn't find one elsewhere, yes i payed a small premium but more than happy with the transaction. Comparing a private individual to Tesco's is just not realistic, he is not a business in any way shape or form. He will be declaring whatever profit he has made from the sale of the Spa's because he is an ethical individual but how can i expect him to replace the pump?? Are you telling me that should be my expectation..?? 

ssparks2003

CML67 said:

This friend of mine is a private individual, simply trying to make a few extra ££'s in lockdown

That is the basis of a business. You buy something for £20 and sell it for £25, you have £5 profit, and that is the world of trade.

soolin

CML67 said:

Soolin, really appreciate your input and do not mean to sound in any way like i am disagreeing with you as you quite obviously know a great deal more about this than myself, so thanks again. In relation to your quote re your daughter in law and Tesco. This friend of mine is a private individual, simply trying to make a few extra ££'s in lockdown as his business was completely screwed over by Covid. I purchased a Spa from him, 1 because it was brand new, 2 because i couldn't find one elsewhere, yes i payed a small premium but more than happy with the transaction. Comparing a private individual to Tesco's is just not realistic, he is not a business in any way shape or form. He will be declaring whatever profit he has made from the sale of the Spa's because he is an ethical individual but how can i expect him to replace the pump?? Are you telling me that should be my expectation..?? 

Yes he is a business and was acting in the course of a business- anyone that buys to resell is deemed to be such, and as you point out he is correctly declaring his profit to HMRC . I am a sole trader, I make peanuts really - just holiday money and going out to dinner money- but yes my buyers are entitled to exactly the same rights as if they had bought from Amazon or Tesco.

Is it possible to speak to your friend , ask him to return the spa to B and Q for a refund? This is actually rather dodgy advice and no doubt other users will properly castigate me for suggesting it, but if he takes the receipt back and stands firm that item is broken and gets a refund then he can just give you the new one. If they can't replace and refund instead then  he can repay you. Technically as he bought it as a B2B transaction he does not have full consumer rights - but it is worth a try.

but how can i expect him to replace the pump?? Are you telling me that should be my expectation..??

Yes that is what I would expect, or refund you and if this is not a close friend and he doe snot wish to correctly deal with this he can be persued via small claims.