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

Aylesbury_Duck

marchesini46 said:

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. 

In consumer rights terms, it does, and that's the forum you're on.  And in the case of a full refund after six years, it improves your position.  It may not be the position you'd like to be in, but that's a different matter.  You'd be better off in the Praise, Vents and Warnings section of the forum which is more appropriate to your complaint, because your consumer rights have been met (exceeded) by the retailer.

Aside from your rights, a charming appeal letter to the manufacturer might elicit an agreeable response, but it would be a goodwill gesture rather than something provided by your warranty or consumer rights.

Alderbank

One problem seems to be that DaKine 100L is no longer 'within its lifespan'.

This retailer on Amazon has 15 left.
https://www.amazon.co.uk/Dakine-Unisexs-Roller-Travel-Black/dp/B0949DJMZN/ref=asc_df_B0949DJMZN/?tag=googshopuk-21&linkCode=df0&hvadid=606685113355&hvpos=&hvnetw=g&hvrand=15918540086020341272&hvpone=&hvptwo=&hvqmt=&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1007359&hvtargid=pla-1674343610821&psc=1

I think if I was the OP I would take the refund and buy a brand new one for £153 while I still can.

MarvinDay

marchesini46 said:

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. 

But having a 100L suitcase is not your original position.
As far as consumer rights are concerned, the contract has been breached so your original position will be that which was in place before the contract was made, ie, money in the bank and no suitcase.

Manxman_in_exile

marchesini46 said:

Manxman_in_exile said:

marchesini46 said:

Appreciate all the responses. I think my main gripe is with that DaKine have this warranty policy:

Limited Lifetime Warranty: Packs & Bags (North America & Europe)

Dakine offers a 10 year Limited Lifetime Warranty against manufacturing defects within the normal scope of use.

Dakine will replace, at its discretion, any products found to be defective within the scope of normal and appropriate utilization and still within the lifespan of the product. Dakine will not be responsible for any costs, losses or damages incurred because of loss or misuse of the product. Dakine does not offer refunds for honored claims. A discount code will be provided.

Dakine is not responsible for damages caused by transit damage. if the product is damaged by an airline or transportation company, please contact the transport company directly and immediately following the incident. 

Where have you got that wording from?  Is it from 2017?

The current wording on their warranty seems to be different.  No mention of discretion, no mention of not giving refunds.  (Assuming I'm looking in the right place...)

Warranty (dakine-europe.com)

From their website today:
https://www.dakine.com/pages/warranty

But isn't that the US warranty?  The european/UK warranty is the one I lnked to.  Unless you physically bought the suitcase in a store in the US, I suspect DaKine will say you are covered by the euro/UK one, not the US one.

The euro/UK warranty doesn't mention discretion and - perhaps more importantly - it doesn't say they will only replace or repair and not give refunds.

Your best bet is still the full refund from the seller.  I don't think you have a claim under the warranty - unless you can persuade DaKine (rather than the seller) otherwise.

born_again

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. 

Retailer has not been careless, courier has. Unless retailer sent a staff member to pick up & deliver to manufacture.

Retailer offered a FULL refund on purchase price, despite being 6 years old. How many retailers will do that? 

Manxman_in_exile

marchesini46 said:

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. 

Look - as has been pointed out the seller has gone above and beyond their legal obligation by offering you a full refund on an item nearly six years old.  That's a far more generous offer than the law requires.

Furthermore, the warranty (whether the US or euro/UK one) is limited to the "lifespan of the product".  As you have already told us in your first post that "... they no longer make that suitcase... " then, according to the strict wording of the warranty, you have no claim under it because it is now past the lifetime of that product.

Even if it were still within the lifespan of the product, the euro/UK warranty does not say that they will only repair or replace and that they won't refund.  Therefore by offering you a full refund, the terms of the warranty have been complied with - whatever you might think.

[Edit: And because the euro/UK warranty doesn't mention the use of "discretion" by DaKine, you can't even argue it's an unfair term]

If you want to sue the seller for losing the case, go ahead.  But even if you win and the court puts you in the position you were in before they lost it, you'll only be entitled to a replacement used 5 year old case or a refund representing the value of a used 5 year old case, because that's what they lost - a 5 year old case.

Unless you can persuade DaKine to be nice to you (and that will depend on their goodwill and have nothing to do with your legal rights or your warranty rights) I think you'd be daft not to accept a full refund from the seller.

You might think you're standing on a point of principle over the warranty, but I think you've misled yourself into thinking the warranty apples here when it doesn't.

the_lunatic_is_in_my_head

Alderbank said:

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

To be fair to the OP that item is in the USA so £175 plus £86 shipping plus possibly VAT and courier fees upon delivery They do come up for sale occasionally and a saved search set up on eBay is the best way to catch them when they do. 

I think OP wants a new suitcase, I can see why the seller doesn't want to give one, the manufacturer might out of goodwill, nothing to stop OP asking but beyond that take the refund and put it towards another. 

Manxman_in_exile said:

Furthermore, the warranty (whether the US or euro/UK one) is limited to the "lifespan of the product".  As you have already told us in your first post that "... they no longer make that suitcase... " then, according to the strict wording of the warranty, you have no claim under it because it is now past the lifetime of that product.

(Selective quoting as I agree with the rest you said) but I don't think the period of time in which a product is currently manufactured can be linked to as a lifespan. Some items are manufactured unchanged for decades, others as a one off sold out before hitting the shelves.  

Alderbank

To be fair to the OP that item is in the USA so £175 plus £86 shipping plus possibly VAT and courier fees upon delivery

OK, point taken. However I have also linked to new DaKine 100L offered in UK for £153 inc. delivery

...but I don't think the period of time in which a product is currently manufactured can be linked to as a lifespan. 

Product lifespan is a widely used term in FMCG (fast moving consumer goods) industry. It means exactly what you said.

the_lunatic_is_in_my_head

Alderbank said:

To be fair to the OP that item is in the USA so £175 plus £86 shipping plus possibly VAT and courier fees upon delivery

OK, point taken. However I have also linked to new DaKine 100L offered in UK for £153 inc. delivery

...but I don't think the period of time in which a product is currently manufactured can be linked to as a lifespan. 

Product lifespan is a widely used term in FMCG (fast moving consumer goods) industry. It means exactly what you said.

In terms of the language used on the board lifespan is how long the product should last the consumer after delivery and is often stated with regards to a protentional calculation for deduction after 6 months to account for usage. Whether the product is still manufactured doesn't have a bearing on that.

In terms of the warranty if you purchased something the day before the company stopped making that product that would mean your warranty had expired using the logic that the lifespan is the manufacturing period, obviously it's not logical.  

Ditzy_Mitzy

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.

WhiskersTheWonderCat said:

You are not due a brand-new suitcase. You are due a 6-year-old used suitcase. 

I never said I’m due anything. DaKine state that they will replace the suitcase if it was found to be defective. All I wanted was the opportunity for DaKine to inspect my defective suitcase which is not possible due to the reseller losing my suitcase and trying to blame it on the courier - since disproved. I was 99% confident that DaKine would see that it was defective through no fault of my own ie no dents, bends or visible outer damage on the case so would be replaced under their 10 year warranty. Of course, DaKine may have disagreed with my assessment but we’ll never know now due the reseller losing my suitcase. 

Sorry if I'm being a bit thick here, OP, but how do you expect DaKine to replace a suitcase that they no longer make?  Restarting a defunct production line and/or resurrecting obsolete tooling is a bit extreme for one suitcase, no?