Section 75- toy not as described

TELLIT01

Sandtree said:

f.castle said:

Sandtree said:

If you read the press release at https://www.lego.com/en-us/aboutus/news/2022/february/lego-technic-mclaren-f1/ they spend much more time talking about copying the livery of the new car than being technically accurate with the likes of:

a fun and engaging product that celebrates our 2021 season livery while giving fans a hands-on interpretation of the new 2022 F1 car design

An "interpretation" doesn't suggest its a perfect copy. 

Why go to the credit card rather than the retailer? I think with both you will have an uphill challenge to say its been falsely advertised.

Why would I need to read the press release,  I believe these to be significant points on a model (not toy) and should be clearly stated on the box or description. I will ask the retailer.

Because the PR manages expectations that its not a perfect copy, in part for the reasons listed by others above,

There is nothing on the Smyth's website to say it's an 'interpretation', in fact the website states "Build a detailed LEGO Technic model replica of McLaren’s 2022 F1 car".

The OP needs to take it up with Smyth's in the first instance.

I do agree that I would expect somebody who is so 'into' F1 that they will pay serious money for a Lego model to realise that it won't be an accurate representation of the 2022 car, which is actually still being developed.

arthurfowler

Sandtree said:

f.castle said:

Sandtree said:

If you read the press release at https://www.lego.com/en-us/aboutus/news/2022/february/lego-technic-mclaren-f1/ they spend much more time talking about copying the livery of the new car than being technically accurate with the likes of:

a fun and engaging product that celebrates our 2021 season livery while giving fans a hands-on interpretation of the new 2022 F1 car design

An "interpretation" doesn't suggest its a perfect copy. 

Why go to the credit card rather than the retailer? I think with both you will have an uphill challenge to say its been falsely advertised.

Why would I need to read the press release,  I believe these to be significant points on a model (not toy) and should be clearly stated on the box or description. I will ask the retailer.

Because the PR manages expectations that its not a perfect copy, in part for the reasons listed by others above,

Hmm, not sure if consumers generally go around reading press releases prior to purchase... wouldn't that info need to be at the point of sale anyway?

diinozzo

Here is what Lego themselves say about the car:-

Designed in close collaboration between engineering experts from the LEGO Group and McLaren Racing as the new Formula 1 race car was in development, the new model plays homage to the team’s iconic 2021 season livery, while giving fans a glimpse of what they might expect from McLaren Racing’s new F1 season model. 

jon81uk

You would need to approach the retailer and state it is not as described as they say it is a detailed replica of the 2022 car.

But the McClaren release also says interpretation McLaren Racing - McLaren Racing and the LEGO Group reveal first-ever LEGO® Technic™ McLaren Formula 1 Race Car

I think this is a possibly case where the product description isn't quite accurate. But also where the OP may have too high an expectation of a replica.

RogerBareford

Lip_Stick said:

diinozzo said:

As none of the F1 2022 cars have stopped being developed yet your toy will have no chance of being an accurate representation. It's a Lego toy car and as such their interpretation of it...you could maybe argue it's not a full size replica perhaps!

It's not a toy (and I suspect you well know that). It's aimed at adult hobbyists 18+ where kits for them reach hundreds of pounds. Model, is the more appropriate term for the kit.

I disagree because these most certainly are toys and they are not just aimed at people 18+

I'm not saying their is anything wrong with adults playing with toys but i certainly don't think this can be catergorised as a model when they primarily use lego blocks that push fit together which limits the design accuracy compared to a tradiotional model where they will prioritise accuracy of the induvidual parts over easy of assembling them without any tools, glue, fasteners etc.

bris

As the lego and the real car will have been in production for a long time before release then the specs would change on an almost daily basis.

Lego can only go on what information was available at the time. Maclaren would change parts, update suspention etc whilst lego would already have the first or even second in production.

It's an impossible problem for Lego. If mclaren lose or change a sponsor then the livery is wrong too so you must see the issue isn't really in Legos hands

Having said that then there may be a case if the point of sale says "exact replica" which it isn't, 

taken from the Smyths sebsite
The LEGO Technic designers have worked closely with the team at McLaren Racing; both sets of experts developed their models simultaneously, making this a very special collaboration.

You may have a case and i'm sure Smyths probably won't argue with you but they can reject a partial refund and just go straight to a full refund if they accept your claim.

It's obviously in high demand as it's sold out and do you really want to lose it from your collection? It won't be updated now so it's the only version you are likely to get.

arthurfowler

RogerBareford said:

Lip_Stick said:

diinozzo said:

As none of the F1 2022 cars have stopped being developed yet your toy will have no chance of being an accurate representation. It's a Lego toy car and as such their interpretation of it...you could maybe argue it's not a full size replica perhaps!

It's not a toy (and I suspect you well know that). It's aimed at adult hobbyists 18+ where kits for them reach hundreds of pounds. Model, is the more appropriate term for the kit.

I disagree because these most certainly are toys and they are not just aimed at people 18+

I'm not saying their is anything wrong with adults playing with toys but i certainly don't think this can be catergorised as a model when they primarily use lego blocks that push fit together which limits the design accuracy compared to a tradiotional model where they will prioritise accuracy of the induvidual parts over easy of assembling them without any tools, glue, fasteners etc.

Maybe not 'just' aimed at adults, but certainly Lego themselves have this model in their 18+ section. I think you would be surprised by just how many adults construct lego. 

https://www.lego.com/en-gb/categories/age-18-plus-years?filters.i0.key=categories.id&filters.i0.values.i0=fc77028c-e984-4dfe-b698-4423f69ee663

Jenni_D

diinozzo said:

Here is what Lego themselves say about the car:-

Designed in close collaboration between engineering experts from the LEGO Group and McLaren Racing as the new Formula 1 race car was in development, the new model plays homage to the team’s iconic 2021 season livery, while giving fans a glimpse of what they might expect from McLaren Racing’s new F1 season model. 

Is that really what it says? plays?

Don't people proof-read before publishing anymore?

Sandtree

Jenni_D said:

diinozzo said:

Here is what Lego themselves say about the car:-

Designed in close collaboration between engineering experts from the LEGO Group and McLaren Racing as the new Formula 1 race car was in development, the new model plays homage to the team’s iconic 2021 season livery, while giving fans a glimpse of what they might expect from McLaren Racing’s new F1 season model. 

Don't people proof-read before publishing anymore?

Noo                 

Alderbank

There is nothing on the Smyth's website to say it's an 'interpretation', in fact the website states "Build a detailed LEGO Technic model replica of McLaren’s 2022 F1 car".

Hmm, not sure if consumers generally go around reading press releases prior to purchase... wouldn't that info need to be at the point of sale anyway?

If you actually look at Smyth's webpage for this product, that info is at the point of sale. It lists in full all the above press release information under 'Product Information', including 'The LEGO Technic designers have worked closely with the team at McLaren Racing; both sets of experts developed their models simultaneously...'

In spite of that, the OP can examine the product as he would in a shop, i.e. he can carefully open the box and view the components inside their plastic bags. If it's not exactly what he wants he can return it for a full refund of all costs.

However to return to the OP's original question, what he can't do under Consumer Law or s75 is to say 'I like 60% of it but not all of it so I would like to keep the model and get a 40% refund for the bits I don't like.'

(OP says 'If I section 75- goods not as described/ not a good enough replica, I’d like a partial refund as I am partially satisfied with the goods.')

I disagree because these most certainly are toys and they are not just aimed at people 18+

The OP himself used the word 'toy' in the title. To be fair to Smyth's, their description says 'Age Suitability: 18 Years+' and includes 'Designed for adult LEGO builders'