Warranty claim - they have lost my item and are only offering refund not replacement

Alderbank

marchesini46 said:

WhiskersTheWonderCat said:

How much are used DaKine suitcases on eBay? I am sure you can probably find the exact one you had on there. And I highly doubt they would cost more than your full refund. 

Wrong. No used DaKine suitcases on eBay and despite you being sure about it, there aren’t any used ones on there.

Possibly because no-one else but you calls them suitcases.

Just call them luggage and you'll get results, e.g. this one 'Dakine 365 Roller 100L Bag Travel Wheeled Luggage Street Art'
https://www.ebay.co.uk/itm/385142417135?hash=item59ac46e6ef:g:NhgAAOSw1D9jNZK3&amdata=enc%3AAQAHAAAA4LzCBiI7fIe%2F3QoEkFbtvh4FiV51Gp1Rv8QpZ17vs1yGvKKbl1cveMOsN9vWbuVP1Xs6Cjy4k40%2FBODbnARzEvAQyBB66iQtytBSlW5lKyeRRn2gY%2FFLrfRgp9VgFP%2BB3W4rwUPPCb3HXgcvtA2E7OduPtrMERcSERRoXnKPHYgNcMQI%2B9r2KNrTVk%2FDO%2BjwPgmyU1JcAikZPa9PFDCHHoO5FAVESdrGDQDYkzGJae98nw%2Fh4tocJiWQlxepGAggmHGYjyDxTPaRVgftFCQwGIcLm451JuNVIpDCjdpBFbNs%7Ctkp%3ABk9SR9qmhdK-YQ

gener8or

Poor show from the retailer.
They lost his property so should put him back in the position he was in.
Either replace his item with an equivalent or compensate (not refund) so he can purchase the equivalent.

The original purchase price isn't relevant, he made them aware that a refund isn't suitable.

 

jon81uk

gener8or said:

Poor show from the retailer.
They lost his property so should put him back in the position he was in.
Either replace his item with an equivalent or compensate (not refund) so he can purchase the equivalent.

The original purchase price isn't relevant, he made them aware that a refund isn't suitable.

 

So the reseller should find a six year old bag on eBay to give to them.

marchesini46

gener8or said:

Poor show from the retailer.
They lost his property so should put him back in the position he was in.
Either replace his item with an equivalent or compensate (not refund) so he can purchase the equivalent.

The original purchase price isn't relevant, he made them aware that a refund isn't suitable.

 

Hallelujah, someone who completely gets where I’m coming from. It’s never been about the money or whether or not it’s a good offer. I wanted my original suitcase repaired or replaced under the DaKine 10 year warranty.  The reseller have lost my goods and as a result I cannot claim from DaKine. The reseller are offering me a refund which I have consistently said is not suitable as I cannot purchase a replacement suitcase for the refund. 

Aylesbury_Duck

I'm not sure that gener8or "gets where you're coming from" at all. All they've suggested is what everyone else has been saying, which is that the retailer should compensate you (and they've offered a generous sum in that regard) or replace your case with an equivalent, which would involve them keeping an eye on ebay and when a several years old model of your case cones up for sale, buying it and sending it to you. Then you'll be back in the position you were in.

But that's not what you want.

MalMonroe

Hi, you could try contacting the manufacturer and reporting what you have told us here - that the retailer said they would have a look at the luggage and assess the fault. They organised a successful collection (you have proof), then lost it and are now denying all knowledge. You simply want the terms of the 10 year warranty to be honoured. 

I think it's worth a try, anyway. The retailer has been careless with the case and now you have no option but to contact the manufacturer.

The retailer has had ample time and opportunity to solve the problem for you and they have failed. The manufacturer may be more willing to be professional and helpful - after all, it's the reputation of their expensive products that's at stake. 

marchesini46

MalMonroe said:

Hi, you could try contacting the manufacturer and reporting what you have told us here - that the retailer said they would have a look at the luggage and assess the fault. They organised a successful collection (you have proof), then lost it and are now denying all knowledge. You simply want the terms of the 10 year warranty to be honoured. 

I think it's worth a try, anyway. The retailer has been careless with the case and now you have no option but to contact the manufacturer.

The retailer has had ample time and opportunity to solve the problem for you and they have failed. The manufacturer may be more willing to be professional and helpful - after all, it's the reputation of their expensive products that's at stake. 

That’s what I’ve done this evening and written directly to DaKine to seek a satisfactory resolution. I’m not hopeful but I have a video of the sticking handle so maybe that will suffice on the warranty claim. 

My experience with top brands (Burton, Apple etc) is that they go above and beyond what is required by law and stand by their products. Let’s hope they will be able to help. 🙏

jon81uk

marchesini46 said:

gener8or said:

Poor show from the retailer.
They lost his property so should put him back in the position he was in.
Either replace his item with an equivalent or compensate (not refund) so he can purchase the equivalent.

The original purchase price isn't relevant, he made them aware that a refund isn't suitable.

 

Hallelujah, someone who completely gets where I’m coming from. It’s never been about the money or whether or not it’s a good offer. I wanted my original suitcase repaired or replaced under the DaKine 10 year warranty.  The reseller have lost my goods and as a result I cannot claim from DaKine. The reseller are offering me a refund which I have consistently said is not suitable as I cannot purchase a replacement suitcase for the refund. 

But it’s now impossible to get a repair as the item is lost. A refund would put you back where you originally were. 

marchesini46

jon81uk said:

marchesini46 said:

gener8or said:

Poor show from the retailer.
They lost his property so should put him back in the position he was in.
Either replace his item with an equivalent or compensate (not refund) so he can purchase the equivalent.

The original purchase price isn't relevant, he made them aware that a refund isn't suitable.

 

Hallelujah, someone who completely gets where I’m coming from. It’s never been about the money or whether or not it’s a good offer. I wanted my original suitcase repaired or replaced under the DaKine 10 year warranty.  The reseller have lost my goods and as a result I cannot claim from DaKine. The reseller are offering me a refund which I have consistently said is not suitable as I cannot purchase a replacement suitcase for the refund. 

But it’s now impossible to get a repair as the item is lost. A refund would put you back where you originally were. 

Wrong. A refund does not put me back where I was. I no longer have a suitcase and the refund does not allow me to purchase a replacement suitcase so not sure where you see that ‘I’m back where I originally was”.  

I had a suitcase which was useable but with an annoying fault but one I was happy to live with. However, it was covered under a 10 year manufacturer warranty and under the advice of the reseller, it was returned to them to get it repaired / replaced - under the terms of the warranty.  They have been careless and lost it - 100% their fault. I believe, and I may be in the minority here, that they should make amends to put me back to my original position - with a 100L suitcase that I can use. 

MattMattMattUK

marchesini46 said:

gener8or said:

Poor show from the retailer.
They lost his property so should put him back in the position he was in.
Either replace his item with an equivalent or compensate (not refund) so he can purchase the equivalent.

The original purchase price isn't relevant, he made them aware that a refund isn't suitable.

Hallelujah, someone who completely gets where I’m coming from. It’s never been about the money or whether or not it’s a good offer. I wanted my original suitcase repaired or replaced under the DaKine 10 year warranty.  The reseller have lost my goods and as a result I cannot claim from DaKine. The reseller are offering me a refund which I have consistently said is not suitable as I cannot purchase a replacement suitcase for the refund. 

You have one person agrees with you and their comment does not align either consumer rights legislation nor the terms of the guarantee. You have everyone else telling you that Dakine are being incredibly generous, far more than they need to be. Choosing the one reply that agrees with you and ignoring the 20+ others whose opinions align with the real world would seem to demonstrate that you do not want facts or correct advice, but validation. Just because you do not like an answer does not mean that it is wrong.