Consumer rights advice - medical device

trashedteen

Bought a continuous blood glucose monitor using a debit card from an online retailer, the product turned out to be faulty. I contacted the retailer and attempted to arrange a return and they have told me that "because this is a medical item, you will need to contact the manufacturer directly" and that "this is stated clearly in our returns policy".

I replied reminding them that their internal returns policy cannot overrule the Consumer Rights Act which clearly states that my contract is with the retailer and it is their responsibility to handle the return. 

They replied and said that there is nothing more they can do as the information they have provided is correct.

I called my bank to arrange a chargeback and was told by the bank that they are happy to raise it but it will likely fail because MasterCard work off a retailers returns policy and if I purchased from them, I agree to the Ts & Cs.

Just want to know where I stand on this one and what my next steps should be?

marcia_

 If they have washed their hands with you i would send a letter before action with the addition of quoting the relevant Law. 

user1977

Is the "online retailer" in the UK?

noitsnotme

marcia_ said:

 If they have washed their hands with you i would send a letter before action with the addition of quoting the relevant Law. 

A bit premature!  It's at least worth contacting the manufacturer first.  Sometimes it's quicker to deal with the manufacturer directly if they are willing.

marcia_

noitsnotme said:

marcia_ said:

 If they have washed their hands with you i would send a letter before action with the addition of quoting the relevant Law. 

A bit premature!  It's at least worth contacting the manufacturer first.  Sometimes it's quicker to deal with the manufacturer directly if they are willing.

 Manufacturer is not responsible the retailer os. 

noitsnotme

marcia_ said:

noitsnotme said:

marcia_ said:

 If they have washed their hands with you i would send a letter before action with the addition of quoting the relevant Law. 

A bit premature!  It's at least worth contacting the manufacturer first.  Sometimes it's quicker to deal with the manufacturer directly if they are willing.

 Manufacturer is not responsible the retailer os. 

I didn’t say they were.  But the manufacturer might be a far easier option than small claims court.

Grumpy_chap

I would have thought it is worth following the returns process that the retailer has advised, i.e. via the manufacturer.  Although the consumer rights lie with the retailer, the retailer may use any agent they wish to  facilitate the returns process.  It appears as though, in this case, the retailer is using the manufacturer as the agent.  I don't see why it would not be worth trying to follow the process in the first instance.  If need be, do so as well as informing the retailer that they are still liable and the clock has stopped from the first report.

MyRealNameToo

marcia_ said:

noitsnotme said:

marcia_ said:

 If they have washed their hands with you i would send a letter before action with the addition of quoting the relevant Law. 

A bit premature!  It's at least worth contacting the manufacturer first.  Sometimes it's quicker to deal with the manufacturer directly if they are willing.

 Manufacturer is not responsible the retailer os. 

Irrespective of the legalities of the matter the reality is that the manufacturer is normally best placed to deal with their products if they are faulty and whilst you can stick to the letter of the law and pursue the retailer through court having to pay out extra monies in the interim and take time/effort to complete the claims form etc you can often deal with the matter in a fraction of the time by just contacting the manufacturer. 

Over the years have had two CGMs that either never worked or failed early and both times the manufacturer replaced them quickly and painlessly after confirming a few facts about the meter. 

trashedteen

The retailer is in the UK, yes. I know I could speak to the manufacturer but it's more the principle that they're palming me off to someone else because they don't want to deal with the issue. I'm not desperate for the refund.

And yes, I'm aware I'm being stubborn!

the_lunatic_is_in_my_head

trashedteen said:

The retailer is in the UK, yes. I know I could speak to the manufacturer but it's more the principle that they're palming me off to someone else because they don't want to deal with the issue. I'm not desperate for the refund.

And yes, I'm aware I'm being stubborn!

Which retailer OP?

If they are refusing to repair or replace you can exercise the final right to reject, if the terms say you should return rejected goods then you need to return, they should cover the reasonable cost of return, and they need to refund within 14 days of agreeing you are due a refund (this is matter of fact and must be established without undue delay). 

I ask which retailer as if this is a big company they will fold at some point, if it's a smaller unknown they may be less likely to fold. 

Going through the manufacturer isn't an issue but they should be sorting it, not merely telling you to contact the manufacturer.

Of course the pragmatic answer is to do so yourself but this is one where consumer rights are one thing and what is easiest is another  

Ergates

trashedteen said:

The retailer is in the UK, yes. I know I could speak to the manufacturer but it's more the principle that they're palming me off to someone else because they don't want to deal with the issue. I'm not desperate for the refund.

And yes, I'm aware I'm being stubborn!

As per MyRealNameToo's response:  If you're returning the item as faulty, then the retailer is entitled to one attempt to repair or replace the device.  They may use whatever agent/organisation they choose to carry out this repair (they're obviously not going to try to fix it themselves) - so them asking you to return it to the manufacturer is a reasonable request and in most cases will get your a repaired item quicker than the retailer can arrange.

Alternatively, assuming you've had the monitor for less than 30 days - you can exercise your short term right to reject for a full refund (and not involve the manufacturer).  If you wish to do this, you should make it clear to the retailer that this is your intention.   i.e. something like "I'm not returning this for a repair, I'm exercising my short term right to reject under the CRA 2015"