Purchased item needs repaired - do I have to use the manufacturers choice of repair outfit?

MrMacaque

DiddyDavies said:

Was it a UK based company that you purchased from?
I've had a quick look at Ninebot/segway.co.uk and there doesn't appear to be any address available to show if they have a UK operation.

Sorry, missed this reply first time round. It's hard to say if they have any employees in the UK, to be honest. Although it was a UK section of their website that I ordered from, and prices were in UKP, so I'd have thought UK law should apply. The delivery, if I recall, came from Holland, though.

MrMacaque

Thanks for the replies. Sorry for the late reply, stuff happens, but have also been reading up on the Consumer Rights Act. I think my preferred option, if possible, would be replacement, as there does seem to be more than one problem with the device, one of which I think was there from the start, and might have contributed to the second fault that stopped it working entirely. So is the distinct possibility they might fix the immediate problem, but not fix the more subtle underlying problem and the fix might not last.

The problem with me requesting a replacement, though, is the machine doesn't seem to be made anymore, as it's no longer on their website. In fact I got it relatively cheap on sale, because I suspect they were selling their final batches off. But who knows, they might have some refurbished stock they're holding to for warranty replacements, but it's probably getting a bit late in the day. It's also difficult to say, 100%, that another refurbished machine would be guaranteed to be better, though. It's a gamble.

MrMacaque

KeithP said:

MrMacaque said:

the_lunatic_is_in_my_head said:

OP the warranty is in addition to your consumer rights but the manufacturer would be bound by the warranty terms as well so if they stated repair is performed by a certain company they'd have to adhere to that.

However given the value of the product I would go to the website you purchased from and advise you are making a claim against them under your consumer rights. 

Hopefully the troubleshooting by the manufacturer has confirmed a fault?

By going down the consumer rights avenue you would be entitled to the retailers choice of a repair, replacement or refund (which may be reduced to account for usage vs life span) but if the unit then failed again you'd be entitled to reject.  

So, just to clarify, if I did go down this route, assuming I can if the seller and manufacturer are the same (yes they have accepted the fault is valid), they repair it, and it fails again, I can then plumb for the refund option?

Thanks.

Yes, but remember, any refund can be reduced to take account of the use you have had.

Thanks. So just to clarify, I basically just send an email to them along the lines of "I wish to exercise my rights under the Consumer Rights Act and exercise my choice of a replacement machine instead of a repair"?

KeithP

MrMacaque said:

KeithP said:

MrMacaque said:

the_lunatic_is_in_my_head said:

OP the warranty is in addition to your consumer rights but the manufacturer would be bound by the warranty terms as well so if they stated repair is performed by a certain company they'd have to adhere to that.

However given the value of the product I would go to the website you purchased from and advise you are making a claim against them under your consumer rights. 

Hopefully the troubleshooting by the manufacturer has confirmed a fault?

By going down the consumer rights avenue you would be entitled to the retailers choice of a repair, replacement or refund (which may be reduced to account for usage vs life span) but if the unit then failed again you'd be entitled to reject.  

So, just to clarify, if I did go down this route, assuming I can if the seller and manufacturer are the same (yes they have accepted the fault is valid), they repair it, and it fails again, I can then plumb for the refund option?

Thanks.

Yes, but remember, any refund can be reduced to take account of the use you have had.

Thanks. So just to clarify, I basically just send an email to them along the lines of "I wish to exercise my rights under the Consumer Rights Act and exercise my choice of a replacement machine instead of a repair"?

Yes, and while you certainly can make clear your preferred remedy, the choice of remedy remains with the seller - without causing unnecessary inconvenience etc, etc.

cymruchris

MrMacaque said:

KeithP said:

MrMacaque said:

the_lunatic_is_in_my_head said:

OP the warranty is in addition to your consumer rights but the manufacturer would be bound by the warranty terms as well so if they stated repair is performed by a certain company they'd have to adhere to that.

However given the value of the product I would go to the website you purchased from and advise you are making a claim against them under your consumer rights. 

Hopefully the troubleshooting by the manufacturer has confirmed a fault?

By going down the consumer rights avenue you would be entitled to the retailers choice of a repair, replacement or refund (which may be reduced to account for usage vs life span) but if the unit then failed again you'd be entitled to reject.  

So, just to clarify, if I did go down this route, assuming I can if the seller and manufacturer are the same (yes they have accepted the fault is valid), they repair it, and it fails again, I can then plumb for the refund option?

Thanks.

Yes, but remember, any refund can be reduced to take account of the use you have had.

Thanks. So just to clarify, I basically just send an email to them along the lines of "I wish to exercise my rights under the Consumer Rights Act and exercise my choice of a replacement machine instead of a repair"?

You can ask - but can't make the decision - the retailer will make the decision as to whether to repair, refund or replace any item within their warranty period - usually whichever is the most cost effective for them. Aside from the fact you've read all these 'terrible reviews' - why don't you just get it back - get it repaired - see what happens - and then take it from there. Instead of worrying about all the 'maybes' and the 'what-if's' - just get it back, repaired, and most likely have a long, happy, fault-free future with your Segway. And then if it doesn't work out, and only then, come back to discuss next steps. 

the_lunatic_is_in_my_head

OP the site states the agreement is governed by Dutch law so your consumer rights should be relatively the same as the UK as EU Directives dictate all states must draw the principles into their own laws but it's doubtful posters here will know the finer points on Dutch law. 

One thing to note on another post, (under UK regs) the refund can only be reduced to account for usage after 6 months and even then given the lifespan of the product it should be very minimal within the first year or so. 

I'd accept their repair and if the job it done well that's great, if it isn't it might be worth a polite and factual post on their social media to see if you can persuade them towards a refurbished replacement if that works for you (given it's no longer available and you got a good deal when buying). 

MrMacaque

KeithP said:

MrMacaque said:

KeithP said:

MrMacaque said:

the_lunatic_is_in_my_head said:

OP the warranty is in addition to your consumer rights but the manufacturer would be bound by the warranty terms as well so if they stated repair is performed by a certain company they'd have to adhere to that.

However given the value of the product I would go to the website you purchased from and advise you are making a claim against them under your consumer rights. 

Hopefully the troubleshooting by the manufacturer has confirmed a fault?

By going down the consumer rights avenue you would be entitled to the retailers choice of a repair, replacement or refund (which may be reduced to account for usage vs life span) but if the unit then failed again you'd be entitled to reject.  

So, just to clarify, if I did go down this route, assuming I can if the seller and manufacturer are the same (yes they have accepted the fault is valid), they repair it, and it fails again, I can then plumb for the refund option?

Thanks.

Yes, but remember, any refund can be reduced to take account of the use you have had.

Thanks. So just to clarify, I basically just send an email to them along the lines of "I wish to exercise my rights under the Consumer Rights Act and exercise my choice of a replacement machine instead of a repair"?

Yes, and while you certainly can make clear your preferred remedy, the choice of remedy remains with the seller - without causing unnecessary inconvenience etc, etc.

Yeah, I suspect their answer would likely to be no, too.

The one thing that does also make me nervous is antagonising them as well. To be perfectly honest, the haven't been the easiest company to deal with. It first took me two or three emails and phone call to get a response out of them when I reported the fault, then we had another argument over the return packaging (it came in two boxes, which I kept, and wished to return it in, but they were initially demanding I only return it in one - they did eventually relent on that one, though, as I pointed out the safest way to return it was in the boxes it was designed to be transported in). I think talking about the CRA to them could risk sending their attitude in either direction, without much gain.

@cymruchris, @the_lunatic_is_in_my_head, I'm thinking along those lines, I'm just fretting about how dodgy this repair outfit is. Interesting that it's Dutch law. I suspect Dutch law might give you more rights, at a guess, as I think 2 year warranties are mandatory in many EU countries, etc.

Thanks!

cymruchris

MrMacaque said:

KeithP said:

MrMacaque said:

KeithP said:

MrMacaque said:

the_lunatic_is_in_my_head said:

OP the warranty is in addition to your consumer rights but the manufacturer would be bound by the warranty terms as well so if they stated repair is performed by a certain company they'd have to adhere to that.

However given the value of the product I would go to the website you purchased from and advise you are making a claim against them under your consumer rights. 

Hopefully the troubleshooting by the manufacturer has confirmed a fault?

By going down the consumer rights avenue you would be entitled to the retailers choice of a repair, replacement or refund (which may be reduced to account for usage vs life span) but if the unit then failed again you'd be entitled to reject.  

So, just to clarify, if I did go down this route, assuming I can if the seller and manufacturer are the same (yes they have accepted the fault is valid), they repair it, and it fails again, I can then plumb for the refund option?

Thanks.

Yes, but remember, any refund can be reduced to take account of the use you have had.

Thanks. So just to clarify, I basically just send an email to them along the lines of "I wish to exercise my rights under the Consumer Rights Act and exercise my choice of a replacement machine instead of a repair"?

Yes, and while you certainly can make clear your preferred remedy, the choice of remedy remains with the seller - without causing unnecessary inconvenience etc, etc.

I'm just fretting about how dodgy this repair outfit is. 

But you're fretting about something that hasn't even happened yet. Maybe they have got a few bad reviews - but for all you know - they might have repaired 10,000 machines, mucked it up on 20 of them - and they all left a bad review. Stop fretting - get it back - get it repaired - get on with life Only if it doesn't work out do you then have to begin to fret. 

MrMacaque

cymruchris said:

MrMacaque said:

KeithP said:

MrMacaque said:

KeithP said:

MrMacaque said:

the_lunatic_is_in_my_head said:

OP the warranty is in addition to your consumer rights but the manufacturer would be bound by the warranty terms as well so if they stated repair is performed by a certain company they'd have to adhere to that.

However given the value of the product I would go to the website you purchased from and advise you are making a claim against them under your consumer rights. 

Hopefully the troubleshooting by the manufacturer has confirmed a fault?

By going down the consumer rights avenue you would be entitled to the retailers choice of a repair, replacement or refund (which may be reduced to account for usage vs life span) but if the unit then failed again you'd be entitled to reject.  

So, just to clarify, if I did go down this route, assuming I can if the seller and manufacturer are the same (yes they have accepted the fault is valid), they repair it, and it fails again, I can then plumb for the refund option?

Thanks.

Yes, but remember, any refund can be reduced to take account of the use you have had.

Thanks. So just to clarify, I basically just send an email to them along the lines of "I wish to exercise my rights under the Consumer Rights Act and exercise my choice of a replacement machine instead of a repair"?

Yes, and while you certainly can make clear your preferred remedy, the choice of remedy remains with the seller - without causing unnecessary inconvenience etc, etc.

I'm just fretting about how dodgy this repair outfit is. 

But you're fretting about something that hasn't even happened yet. Maybe they have got a few bad reviews - but for all you know - they might have repaired 10,000 machines, mucked it up on 20 of them - and they all left a bad review. Stop fretting - get it back - get it repaired - get on with life Only if it doesn't work out do you then have to begin to fret. 

Fair enough.