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

Grumpy_chap

marchesini46 said:

from day 1, I said I did not want a refund as that would not allow me to purchase a replacement case.
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. 

Legally, maybe all they can offer is a full refund as they no longer have the suitcase. 

OK, so I think I understand now a bit differently than I did before.

1. OP purchased a suitcase about 6 years ago.
2. The suitcase handle has a fault, which the OP requested is repaired under the manufacturer's 10-year warranty.
3. The OP stated when returning the suitcase that they wanted either repair, or return of the suitcase with damaged handle, not a refund.
4. The suitcase got lost.
5. The retailer offered a full 100% refund of the original purchase price.
6. The OP has rejected that refund as they want the original suitcase with the faulty handle back (either repaired or still with the faulty handle), but not a refund as the OP originally stated to the retailer at the time of returning the suitcase for repair.
7. Limbo pursues.

The OP's request, repair the suitcase if you can please under the warranty, but if repair is not possible, then I'll accept the case back as it is with the faulty handle is a reasonable position up until (4) in my list of events.

At (4), progressing as the OP would prefer became impossible.  The suitcase is lost.  It cannot be repaired.  It cannot be returned with the faulty handle.  

Following (4), the retailer offered the full refund of the original purchase price, which is likely something the retailer considers fair, even generous, in the circumstances.  It seems like the retailer is trying to do their best by the customer.  Unfortunately, the retailers best is insufficient for this customer.

I suppose, now, legally, this is no longer consumer rights (as has been mentioned upthread, the full refund after 6 years is more than consumer rights requires).  I'd say that the incident at (4) is now an insurance matter. 

The retailer probably does not carry specific insurance for "lost in transit" but there is likely an insurance provision in place by the courier. 

The courier's insurance liability is almost certainly limited to the value of the goods being carried - a 6-year old suitcase in this instance.  Given the suitcase has a 10-year warranty, the maximum the courier would be liable for would seem to be the remaining 4/10th of the original purchase price (if the depreciation of the suit case is linear).

The OP may have new for old cover on their home insurance that might cover this eventuality.  It is probably not worth the hassle of a claim.  Such a claim may be rejected as "too remote" in any case.

It looks like, legally, 4/10 of the original purchase price would be sufficient.  The warranty actually seems to suggest that would not be a cash refund but a 40% discount off next purchase.

The OP has been offered 100% refund.

The OP really desires the original suitcase back, but that is not possible.  The suitcase is an ex-suitcase.

The retailer cannot offer the same suitcase as a brand new replacement than the original suitcase as the suitcase design has been discontinued.  (It would almost certainly be cheaper for the retailer to provide a replacement same suitcase than 100% refund.)

Given that the OP cannot have the original suitcase back and has rejected the 100% refund, what resolution is the OP now hoping for?

If the OP persists with the robust rejection of the 100% refund, the OP may well (if not already) lose any goodwill that the retailer may have towards the OP and find the full refund offer is withdrawn.  If the OP is so determined to pursue a legal position, why should the retailer offer a resolution greater than that the OP is legally able to secure?

Would pragmatism require that the OP graciously accepts the refund and then buys a 6-year old same suitcase, or buys a totally different suitcase from anywhere else, or adds some funds to buy a brand new suitcase of the same make?

FWIW - I always tend towards cheaper suitcases as I always feel an expensive suitcase falling off the luggage conveyor is somewhat pointless and inviting unintended attention.  Anyone with mal-intent would, I always feel, be more likely to target the Louis Vuitton case than my 20-year old highly battered Debenhams special.  That's just my tuppence-worth.

Good luck OP in finding a solution

sheramber

munchpot said:

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?

I don't think it has fallen on deaf ears. It is not what the OP wants and she seems to think what she wants over rules  what she is entitled and the retailer should give her what she wants.

p00hsticks

sheramber said:

munchpot said:

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?

I don't think it has fallen on deaf ears. It is not what the OP wants and she seems to think what she wants over rules  what she is entitled and the retailer should give her what she wants.

FYI, I believe the OP is male.

Debbie9009

OP,  I had a similar situation, I had a branded handbag that developed a fault after two years, I it sent back the retailer, it couldn’t be repaired and that bag was no longer produced, so they offered me the full cost of the handbag as a credit against any of their other bags. I accepted quickly in case they changed their minds.  

I would have preferred the original bag to have been repaired or replaced but neither of those were possible, and they made me a very generous offer.

You are actually being offered the full amount as a refund, that’s not just a generous offer it’s an incredible offer, way above what they owe you.  You talk of your experience with other brands being better, I honestly don’t know how anyone can better a full refund for a six year old suitcase.  If I were the retailer, I would be seriously considering withdrawing the offer, and just sending you a voucher of 40% of the cost of the suitcase  and telling you that’s now all I’m prepared to give you, given your attitude.

Also how do you expect them to replace the case when it is no longer made, as others have asked, what do you want ? I suspect that you want the current suitcase of the same size, but as you have pointed out those is more expensive, if you want this case then accept the full refund and pay the extra.

noitsnotme

marchesini46 said:

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. 

You’re too fixed on not wanting a refund from the seller, you’re missing the point.  It doesn’t matter how many times you say you don’t want a refund.  The case is gone, for whatever reason and you can’t prove otherwise.  You can’t force the seller to give you a brand new replacement so all that’s left is a refund.  Take the seller to court if you like but the likely outcome could be a refund of less than the original amount paid as stated by others already.

Your only hope of anything other than a refund is with the manufacturer who would have to be incredibly generous to offer you anything without getting the original back.

tightauldgit

noitsnotme said:

 Take the seller to court if you like but the likely outcome could be a refund of less than the original amount paid as stated by others already.

Absolutely zero point taking anyone to court because the best and only remedy the court could offer would be a full refund of the item which has already been offered. 

A court cannot a)force someone to return an item which has been lost b) force someone to provide an item which they don't have 

Literally the only chance the OP has of getting what they apparently want is if the manufacturer or reseller give them the more expensive case they want just to get rid of them. I don't see it happening but I suppose stranger things have happened.  

marchesini46

Many thanks for all of the responses on here.  I've certainly learnt a lot about my legal rights and consumer law. Without going over old ground, my main issue was that the seller lost the case, tried to blame the courier and ignored my correspondence for 2 months. Obviously I wasn't happy when I found out it was their own carelessness which meant I had no opportunity to get my case repaired by the manufacturer.  

That said, the reseller has offered a full refund and a 20% discount code as a way of apology for losing the suitcase which allowed me to purchase a replacement case. I've accepted their offer and a new suitcase will be arriving today.

Manxman_in_exile

I think that's a great outcome - and a much better outcome than you are strictly entitled to under consumer law or under the warranty.

Goes to show that if you persevere because you think you're right (even when you're wrong) you might still get a better result than you're entitled to under the law.  (Especially if you make enough of a nuisance of yourself... )

pulliptears

Debbie9009 said:

OP,  I had a similar situation, I had a branded handbag that developed a fault after two years, I it sent back the retailer, it couldn’t be repaired and that bag was no longer produced, so they offered me the full cost of the handbag as a credit against any of their other bags. I accepted quickly in case they changed their minds.  

I would have preferred the original bag to have been repaired or replaced but neither of those were possible, and they made me a very generous offer.

You are actually being offered the full amount as a refund, that’s not just a generous offer it’s an incredible offer, way above what they owe you.  You talk of your experience with other brands being better, I honestly don’t know how anyone can better a full refund for a six year old suitcase.  If I were the retailer, I would be seriously considering withdrawing the offer, and just sending you a voucher of 40% of the cost of the suitcase  and telling you that’s now all I’m prepared to give you, given your attitude.

Also how do you expect them to replace the case when it is no longer made, as others have asked, what do you want ? I suspect that you want the current suitcase of the same size, but as you have pointed out those is more expensive, if you want this case then accept the full refund and pay the extra.

I had a similar experience with a handbag from Radley.  The bag had been a gift from my Dad who'd died shortly after so it was a sentimental thing.  They didn't stock it any more and offered a full refund, I asked if it could be repaired and explained why.  They agreed, repaired it and sent it back as good as new.
Not sure that would happen with them now, but I was overjoyed.

Glad it worked out for you OP.

Aylesbury_Duck

Excellent outcome.  Definitely a reseller worth recommending.