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

tightauldgit

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. 

What you 'want' isn't really what matters though. It's what you are entitled to that matters. You can't force a company to repair your item or to replace it. And since it's lost they can't repair it anyway nor return it to you. 

All a company can do is make you right financially - and in this case a full refund of the purchase price is very generous. 

You appear to be being completely unreasonable. You might feel that they should go above and beyond to keep you as a customer, but to be honest if I had a customer acting like this I wouldn't want to keep them as a customer. 

Grumpy_chap

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. 

 

Any remedy under consumer rights would be subject to a deduction for the age and use of the item already enjoyed.  The value of a second-hand used suitcase around 6 years old might very well be close to zero.

In this case, the OP has been offered a full refund of the original purchase price, which seems very generous.

The OP's insistence on "replacement" as per the warranty is ignoring the "discretion" reserved by the manufacturer.  Warranty is not consumer rights and the warranty is subject to whichever application the manufacturer chooses.

The OP then picks the element of the warranty ""does not offer refunds" as a reason for saying that the OP cannot offer a refund.  It would seem as though the manufacturer has gone above and beyond the warranty by offering the full refund of the original purchase price.  The manufacturer appears to have used their discretion to the benefit of the OP.

The full context of the "no refunds" continues to state that "a discount code will be provided".

Insisting on replacement as per the warranty terms is incorrect - replacement is entirely at the manufacturer's discretion.

If the OP wishes to insist that the warranty terms are enforced, perhaps the manufacturer should withdraw the generous offer for the full refund of original purchase price and, instead, offer a discount code.  A 10% discount against a new purchase might be appropriate.

Obviously, that will leave the OP in a worse position, but there will be the satisfaction and certainty that the warranty terms have been fully and correctly applied and the OP has not benefitted from the incident.

If I were the OP, I'd accept the refund and count the win.

the_lunatic_is_in_my_head

Grumpy_chap said:

If the OP wishes to insist that the warranty terms are enforced, perhaps the manufacturer should withdraw the generous offer for the full refund of original purchase price 

The manufacturer hasn't offer the OP anything.

marchesini46 said:

I contacted the reseller and after initially offering a replacement, they retracted the offer (maybe because it was an 110L suitcase and wasn’t a like for like swap or simply it was much more than my original purchase - but I’m only speculating) and offered a refund. 

marchesini46 said:

The reseller are offering me a refund 

marchesini46 said:

That’s what I’ve done this evening and written directly to DaKine to seek a satisfactory resolution

Grumpy_chap

the_lunatic_is_in_my_head said:

The manufacturer hasn't offer the OP anything.

OK - I missed exactly who offered the refund, but my point still stands.

The offer of a full refund of original purchase price after six years is generous and exceeds the warranty.
The OP should accept that offer.

Manxman_in_exile

Grumpy_chap 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. 

 

... The OP's insistence on "replacement" as per the warranty is ignoring the "discretion" reserved by the manufacturer.  Warranty is not consumer rights and the warranty is subject to whichever application the manufacturer chooses...

I believe the OP quoted details of the US warranty rather than the one that applies in Europe and the UK.  The euro/UK warranty doesn't mention "discretion".  Not that I necessarily think the "discretion" point would be an insurmountable obstacle for the OP...

marchesini46

I appreciate the responses on here but I’ve deliberately stayed away as some of the comments were getting silly and getting off the point. 

Legally, I now know what the reseller has offered is a good and generous offer - especially for a 6 year old defective suitcase. I’ve never disputed that but to be super clear, from day 1, I said I did not want a refund as that would not allow me to purchase a replacement case. So, I don’t need to be continually reminded that it’s a good, even great offer as I know it is but I have never asked or wanted a refund - only for my suitcase to be fixed. If they said that wasn’t possible, then I’d just accept it as wear and tear and get on with my life. I’d still have my suitcase and no drama - just an annoying handle.

I then asked the reseller to see if it could be repaired by DaKine under their 10 year warranty. They agreed this and organised the courier to collect the suitcase. DPD then delivered the suitcase to their warehouse and have photographic proof of delivery. The reseller then ignored my follow up emails for 2 months until I managed to get a response from their online chat. They tried to blame DPD and said the courier had lost the suitcase. I called DPD to double check it wasn’t just a stock photo they used and the actual delivery building address. They 100% confirmed delivery to the reseller. 

The reseller again made the offer of the refund where I again reiterated that a refund was not acceptable. The ONLY reason that the suitcase was returned was for DaKine to inspect it under the 10 year warranty. They may have found it to be user misuse or not defective or a hundred other reasons not to repair or replace (under their warranty terms) but we’ll never know due the the reseller losing the suitcase. That is 100% the fault of the reseller. 

Legally, maybe all they can offer is a full refund as they no longer have the suitcase. I appreciate the explanations to explain the legal standpoint so no complaints there.  I’m guessing I’ve been swayed by how I’ve been treated by other top brands in the past and expected the same from a reseller. I guess that is the difference in that I’m not talking to the original manufacturer, just the go between - hence the Mexican standoff that I find myself in.

Once again, many thanks for the clarifications on the legalities of the resellers actions etc. 

Manxman_in_exile

As has been suggested you have nothing to lose by contacting DaKine directly and explaining the circumstances to them.

I don't think they're obliged to help you under their warranty but they might do something to help you out as goodwill.

If you don't ask them you'll never find out...

jon81uk

But if the reseller has lost it, what other resolution do you want as a repair is no longer possible on a lost bag. 

Exodi

jon81uk said:

But if the reseller has lost it, what other resolution do you want as a repair is no longer possible on a lost bag. 

The OP is fully aware they can't repair a lost case. They want a brand new case of an equivalent or better model - it just makes it appear more reasonable if they keep up the smoke and mirrors that this is about principles or something.

*** edited out my previous comment as I don't want to get banned over this ***

I maintain that it is an incredibly generous offer and the OP should reconsider his stance on the matter - though I understand the OP is not here for alternative views.

Good luck.

munchpot

Maybe this thread should be moved to Praise, Vents & Warnings as there are pages of correct consumer advice being given but that is falling on deaf ears?