Can I get a refund?

gazmad

Hi people of the forum I’m hoping you can help me.

My son wanted an electric scooter and he saved his money up and bought one  (not a fast one just a small one).

It cost £119 and we did buy now pay in 30 days as he was £10 away and wanted to pay for it all himself.

It arrived, my husband put it together and it wasn’t working. We fully charged it and still nothing. No power. We looked at the wiring (he’s an electrician) and there was no power at all to the motor.

I emailed the company the next day explaining and they got back to me with a host of questions to answer. I replied and then nothing, no response.

My mother in law saw how upset my son was and so ended up buying him one from the shop - he will be repaying her once this mess is sorted.

I chased the company twice over the next 10 days and finally received a response asking for videos. I obliged and put it back together, fully charged it and still no power.

I have asked three times to send the scooter back. It’s not working and he now has one. They have replied to me saying under the consumer rights act they are allowed to fix the scooter and not accept a return, so are sending me a new throttle.

surely that’s me fixing to scooter not them and it voids the warranty?

Am I within my rights to receive a refund (cancellation of the order and payment) as the goods weren’t fit for purpose? I’m also within the 30 day return period.

diinozzo

Why are people buying stuff that are illegal to use and then asking about their legal rights?

dil1976

diinozzo said:

Why are people buying stuff that are illegal to use and then asking about their legal rights?

Maybe because its not illegal to own or buy an electric scooter?

Alderbank

dil1976 said:

diinozzo said:

Why are people buying stuff that are illegal to use and then asking about their legal rights?

Maybe because its not illegal to own or buy an electric scooter?

...and not illegal to ride it inside your own private estate to which the public do not have access.

Gazmad, you say you want a refund because the goods weren't fit for purpose. What is the intended purpose? It's not to use it illegally in a public place is it? You might struggle to enforce that 'right' in court.

ETA: Your mum would be much better off buying her grandson a bike.

gazmad

The scooter he has isn’t one of these that youngsters ride around the streets, it’s a small one that goes up to 6mph, I can walk faster than it. He also doesn’t use it illegally and I wouldn’t let him, it’s used within our garden and always on private property at family members. (alderbank he has a bike that he goes on bike rides with).

What I mean by not fit for purpose is it was broken, I.e not working. They have said they will fix it but have now told me they are sending me a throttle to change on the scooter as they believe from my video that is the problem. 

They have said that they are covered by the consumer act as they are able to offer a replacement. But they haven’t even done that. 

I’m not expert, which is why I need help, but I thought from the Consumer Rights Act, I was entitled to a refund within 30 days as the scooter is defective. 

Thank you for responses so far.

gazmad

diinozzo said:

Why are people buying stuff that are illegal to use and then asking about their legal rights?

The scooter he has isn’t illegal or used in an illegal way. It’s a small children’s one 

SpudGunPaul

Alderbank said:

dil1976 said:

diinozzo said:

Why are people buying stuff that are illegal to use and then asking about their legal rights?

Maybe because its not illegal to own or buy an electric scooter?

...and not illegal to ride it inside your own private estate to which the public do not have access.

Gazmad, you say you want a refund because the goods weren't fit for purpose. What is the intended purpose? It's not to use it illegally in a public place is it? You might struggle to enforce that 'right' in court.

ETA: Your mum would be much better off buying her grandson a bike.

Why do you think they'd struggle in court to get a working scooter? The purpose is it's use isn't relevant, the fact it's non working is. 

the_lunatic_is_in_my_head

gazmad said:

The scooter he has isn’t one of these that youngsters ride around the streets, it’s a small one that goes up to 6mph, I can walk faster than it. He also doesn’t use it illegally and I wouldn’t let him, it’s used within our garden and always on private property at family members. (alderbank he has a bike that he goes on bike rides with).

What I mean by not fit for purpose is it was broken, I.e not working. They have said they will fix it but have now told me they are sending me a throttle to change on the scooter as they believe from my video that is the problem. 

They have said that they are covered by the consumer act as they are able to offer a replacement. But they haven’t even done that. 

I’m not expert, which is why I need help, but I thought from the Consumer Rights Act, I was entitled to a refund within 30 days as the scooter is defective. 

Thank you for responses so far.

30 days to reject for a refund is correct OP, point the retailer towards:

https://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

soolin

Where did you buy it from and was it a UK company? 

gazmad

soolin said:

Where did you buy it from and was it a UK company? 

Yes it was from outdoortoys.co.uk

gazmad

This was their response to me asking for a refund and to send the broken scooter back

‘Thank you for your email. Unfortunately, as stated we are unable to refund this order. However, as per our terms and conditions and the consumer rights act we are also able to offer a replacement.’

They haven’t offered to replace the scooter, they have only offered to send a new throttle for me to fit myself.