Can I request a refund?

Daytona765

Good morning all,

Apologies if this issue has been covered elsewhere.

In March 2024 I purchased a motorcycle crash helmet that had an internal drop down sun visor. Before the 12 month warranty ran out, the drop down mechanism broke and so it was sent back for repair under the warranty. It was gone for a couple of weeks but came back fixed. 

After a few months it broke again, this time out of warranty, but the manufacturer repaired it again.

This repair only lasted for 2 months and by now I've had enough and am wondering if I can ask for a refund due to the fact that this has been an ongoing issue from within the warranty period.

Any advice will be gratefully received.

Many thanks.

MyRealNameToo

Was the merchant aware of the problem? Did they point you to the manufacturer and the warranty or did you do that off your own back?

A merchant is allowed a single attempt to repair an item, if it breaks again then you have the right to reject the goods rather than having to allow another repair but your problem is that you weren't dealing with the merchant. 

Note that if they do accept you rejecting it now, as it's over 6 months old they are entitled to deduct "use" from any refund. I've no idea the life expectancy of a helmet but given they shouldn't be used if ever dropped etc I'd imagine it's not that long. The law doesnt say how use should be calculated but effectively most retailers seem to be doing a straight line depreciation over its anticipated lifespan (some capping at 6 years)

Daytona765

Sorry, I didn't make that clear.

Every time it broke I took it back to the place of purchase and they sent it off for repair. Re the life expectancy, it's advised that helmets are replaced every 5-7 years.
The manufacturer also had the audacity to state that it was breaking due to lack of maintenance, which is rubbish because nowhere in the care and use manual that came with the helmet does it give any mention of this mechanism needing any maintenance.

sheramber

Did you ask the manufacturer what maintenance should be done?

MyRealNameToo

Daytona765 said:

Sorry, I didn't make that clear.

Every time it broke I took it back to the place of purchase and they sent it off for repair. Re the life expectancy, it's advised that helmets are replaced every 5-7 years.
The manufacturer also had the audacity to state that it was breaking due to lack of maintenance, which is rubbish because nowhere in the care and use manual that came with the helmet does it give any mention of this mechanism needing any maintenance.

So you can exercise your rights under Section 24 of the Consumer Rights Act which gives you a Final Right to Reject per 24(5)(a) when the goods still dont conform to the contract after one (or more) repair or replacement  

Daytona765

sheramber said:

Did you ask the manufacturer what maintenance should be done?

No I didn't as they only said this after the latest repair.

Daytona765

MyRealNameToo said:

Daytona765 said:

Sorry, I didn't make that clear.

Every time it broke I took it back to the place of purchase and they sent it off for repair. Re the life expectancy, it's advised that helmets are replaced every 5-7 years.
The manufacturer also had the audacity to state that it was breaking due to lack of maintenance, which is rubbish because nowhere in the care and use manual that came with the helmet does it give any mention of this mechanism needing any maintenance.

So you can exercise your rights under Section 24 of the Consumer Rights Act which gives you a Final Right to Reject per 24(5)(a) when the goods still dont conform to the contract after one (or more) repair or replacement  

Thank you for making me aware of this. I will approach the merchant and put it to them that I should as least get a partial refund. I will let you know the outcome.

Thanks again.