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My rights regarding a warranty claim?

I purchased a motorcycle helmet online using PayPal Credit in October 2023. I had no problems with the product until October this year when it developed a fault. I contacted the store I purchased it from who said this would be a warranty claim so to send it back to them and they will forward on to the manufacturer, so I duly did this. over 10 weeks down the line and a constant stream of messages to the seller and them telling me "we haven't received an update or response from the manufacturer yet", I have now had to spend £500 on a new helmet otherwise I wouldn't be able to use my bike. Where do I stand? It isn't the seller's fault, it is the manufacturer's, or so it seems anyway. Am I able to claim my money back somehow? Do I just sit it out and wait what could be another 10 weeks? Or have I potentially lost the helmet and my money? Thanks in advance... 

Comments

  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Under the Consumer Rights Act is the sellers problem irrespective of who is really to blame as the law makes them responsible. If you are claiming under a warranty instead of your consumer rights it's down to whatever terms the warranty states which in theory can be better or worse than your consumer rights. 

    Under the CRA they must repair, replace or refund the item, assuming it's proven to be faulty, within a reasonable timeframe and without significant inconvenience to you. Note that under the CRA if they decide to refund the helmet they are able to deduct use from the refund. I'd argue delays that require you to go out and spend an additional £500 is an inconvenience but if you agreed to a warranty instead of CRA you'd need to check what it says about timescales.


  • Thanks @DullGreyGuy

    I have just checked Companies House as the website was down, they filed for Liquidation on 17th December 2024. I guess the only thing I can do is speak to PayPal now and see how I get on?
  • born_again
    born_again Posts: 20,818 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    corngt said:
    I purchased a motorcycle helmet online using PayPal Credit in October 2023. I had no problems with the product until October this year when it developed a fault. I contacted the store I purchased it from who said this would be a warranty claim so to send it back to them and they will forward on to the manufacturer, so I duly did this. over 10 weeks down the line and a constant stream of messages to the seller and them telling me "we haven't received an update or response from the manufacturer yet", I have now had to spend £500 on a new helmet otherwise I wouldn't be able to use my bike. Where do I stand? It isn't the seller's fault, it is the manufacturer's, or so it seems anyway. Am I able to claim my money back somehow? Do I just sit it out and wait what could be another 10 weeks? Or have I potentially lost the helmet and my money? Thanks in advance... 
    Who is the manufacture?
    Try contacting them direct if it is the dealer who went bust. If it is the manufacture, then contact the administrator.

    Do not think you will get anywhere with PayPal given a 2023 purchase. Well beyond their 180 days timescale.
    Life in the slow lane
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