S75 - what does it actually cover?

Ebe_Scrooge

I have a drysuit, bought 18 months ago, and the zip has broken.  Any of you that know about such things will know that a replacement zip is something in the order of £150.  I've spoken to the retailer, who said that the item has a 12-month guarantee, so it's now out of warranty.

I paid by credit card, so I'm wondering whether I'd be covered by S75?  Sure, it's outside of the manufacturer's warranty period, but I don't know if I'd have a claim based on "how long one should reasonably expect an item to last" (typical lifespan for such an item being many years).  If so, how would I go about making a claim (bearing in mind I've already spoken to the retailer who just said the standard 12-month guarantee has expired).

Thanks in advance for any help.

longjohnjohnson

S75 gives you the same rights against the financial institution that you have against the retailer.  Nothing more, nothing less.

You might be better off informing the retailer that you're not claiming under warranty but under your consumer rights.  It's not uncommon for retailers to pull the "out of warranty, not our problem line" in the first instance. It's a free way of getting at least some consumers to go away.

If you go via the card company they'll almost certainly insist on an independent report confirming an inherent fault with the zip.  At least if you try going back to the retailer and showing them you're not going to just walk away there's a chance they'll acquiesce and repair it.

Ebe_Scrooge

Thanks.  Consumer rights - that's the bit about "goods must be of a satisfactory quality and fit for purpose" right?  Sounds like a plan - thanks for your advice.

grumbler

Ebe_Scrooge said:

 I don't know if I'd have a claim based on "how long one should reasonably expect an item to last" (typical lifespan for such an item being many years).

This is the main question.

If the answer is yes and the retailer rejects your claim, then you can sue the retailer or your CC instead. If the answer is no, then the CC company isn't more liable than the retailer.

You can try your luck and call the CC company, but I'd be surprised if they give you their money easily.

IMO, for such items the lifespan depends on the usage that is almost impossible to check, and 18 months is a long time for a zipper.

Ebe_Scrooge

grumbler said:

Ebe_Scrooge said:

 I don't know if I'd have a claim based on "how long one should reasonably expect an item to last" (typical lifespan for such an item being many years).

IMO, for such items the lifespan depends on the usage that is almost impossible to check, and 18 months is a long time for a zipper.

That was my concern.  It's actually had pretty light use - but of course, there's no way on earth I could actually prove that if it came down to it - or prove that I hadn't "abused it".  But I appreciate your advice, thanks.

grumbler

I think 'Consumer Rights' board is a better place for asking this.

born_again

In effect breach of contract & misrepresentation.

I would ask your CC but do not be surprised if they say your zip would not be covered.