Camping woes

bluelad1927

My wife is currently camping with our son 200 miles away in Cornwall

The tent ripped today and as it was old we decided to replace from a nearby camping retailer

She picked the tent up mid afternoon and when she had put it up noticed it was patched on the roof of the tent. This is a Vango costing over £700 and it was straight out of the box. From the photo it appears to be a factory repair.

She spoke to the retailer on the phone but this was literally moments before they closed for the day. They asked her to email pictures and they will speak to Vango.

Surely they are obliged to replace or refund and their conversations with Vango are completely irrelevant to our transaction with the retailer.

The other thing is my family have had no other option than to use this ''new' tent this evening and wait until my wife speaks to the retailer tomorrow. Having  used the tent overnight and under the circumstance I'm assuming we can still return it for a replacement without valid objection from the retailer?

Thanks

turnitround

I would book into a B+B for the night rather than use the tent. If they are seeming to be being a bit awkward about a refund now its going to be twice as difficult to get them to take it back having used it.
I would pack it up and be at the shop with it as soon as they open tomorrow.

Aylesbury_Duck

I'd book a hotel or b&b for the night and avoid the risk of further damage.

bluelad1927

Thank you both for the replies. Wife has taken tent down.

As this is clearly a factory repair is it fair to say the retailer has no grounds to do anything other than refund or replace?

RefluentBeans

I think it depends on what you were expecting to buy. If you were expecting to buy a reconditioned tent I think it’s fair. But if it’s a new tent then I think you can use the faulty as not as described argument, and within 30 days you can get a refund. 

It seems unlikely that vango would sell the tent as new to the retailer - and so either the retailer has just got mixed up or somethings wrong with the shops/Vangos QA. Neither are your concern. Be sure to clearly, and firmly, state the reason for return and that it’s not just returning through the retailers own policy. 

Out of interest - what retailer was it? A local small retailer or a larger chained retailer?

bluelad1927

RefluentBeans said:

I think it depends on what you were expecting to buy. If you were expecting to buy a reconditioned tent I think it’s fair. But if it’s a new tent then I think you can use the faulty as not as described argument, and within 30 days you can get a refund. 

It seems unlikely that vango would sell the tent as new to the retailer - and so either the retailer has just got mixed up or somethings wrong with the shops/Vangos QA. Neither are your concern. Be sure to clearly, and firmly, state the reason for return and that it’s not just returning through the retailers own policy. 

Out of interest - what retailer was it? A local small retailer or a larger chained retailer?

It was a local small retailer. I spoke to them on the phone then bought it through their website click and collect.

It definitely was not sold as reconditioned so I think has found the wrong line at Vango.

When my wife spoke to the retailer he was as surprised as she was so there was no hint of him selling anything other than new

tightauldgit

bluelad1927 said:

Thank you both for the replies. Wife has taken tent down.

As this is clearly a factory repair is it fair to say the retailer has no grounds to do anything other than refund or replace?

Yes, doesn't conform to the contract. 

I understand why people said to take it down but I don't think legally you would  have been doing anything wrong by using it. It would still not have conformed in the morning and where it's not a change of mind situation then there's nothing about reducing the refund for usage. 

RefluentBeans

tightauldgit said:

bluelad1927 said:

Thank you both for the replies. Wife has taken tent down.

As this is clearly a factory repair is it fair to say the retailer has no grounds to do anything other than refund or replace?

Yes, doesn't conform to the contract. 

I understand why people said to take it down but I don't think legally you would  have been doing anything wrong by using it. It would still not have conformed in the morning and where it's not a change of mind situation then there's nothing about reducing the refund for usage. 

100% agree. To add, and emphasise, I would make it clear to the retailer that you’re not wishing to return under their returns procedure for a refund, rather your exercising your customer rights. Given it hasn’t been used I can’t see there being any issues with refunding it. 

Grumpy_chap

Is it possible that the patch which has been assessed as a repair is in fact a part of the design and "style"?

bluelad1927

Grumpy_chap said:

Is it possible that the patch which has been assessed as a repair is in fact a part of the design and "style"?

This has crossed my mind though it is in the most random of places

Grumpy_chap

Do you know which tent they purchased and can you look on the Vango website to see if it has a patch as part of the design?

I looked and there are some large family tents with patches above the doors / windows.  Some of the dome style tents have a patch set as a diamond around the top of the dome.  I assume such patches may be for style but (more likely) for reinforcement.