Consumer rights advice - medical device

sheramber

You  deal with manufacturer. They replace it  direct to you.

Yiu deal with retailer. Retailer sends it to manufacturer . Manufacturer replaces it back to retailer . Retailer sends replacement to you.

Which option is more efficient? 

noitsnotme

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!

I think that's called cutting off your nose to spite your face!  Just take the easy option and contact the manufacturer and see what they say.  If they won't help then you can have the fight with the retailer.

You could have probably got an answer from the manufacturer in the time you've spent on this thread already.

the_lunatic_is_in_my_head

sheramber said:

You  deal with manufacturer. They replace it  direct to you.

Yiu deal with retailer. Retailer sends it to manufacturer . Manufacturer replaces it back to retailer . Retailer sends replacement to you.

Which option is more efficient? 

Which option guarantees a refund if the repair is bodged or the goods fail again?

What if the manufacturer replaces, more than once I've read on this board "if the manufacturer replaced you can't return it to the retailer as it's not the same thing you purchased" (not sure how true that is) and if manufacturer turns around next time and says "sorry over 1 year old nothing we can do." what then? 

What if the the return shows as delivered but manufacturer says they don't have it and they are based elsewhere? 

There are many concerns that are very unlikely to arise but equally could which would leave the customer in a worse off position of being stuck between the two.

I really don't see any reason the retailer can't simply say "box it up, a courier will collect on x date/here is a pre-paid label and a repaired/refurbished/brand new unit will be with you in x weeks" then it doesn't matter where it goes or what happens as the retailer will be the one who clearly dealt with the matter and the sole point of contact should anything go wrong. 

born_again

trashedteen said:

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?

So I take it this is one of the devices that you stick in your arm, Such as FreeStyle Libre2. Which connects to your phone & will give a alarm when you levels are too low/high.

Which part is faulty?
& what is the issue?

MyRealNameToo

the_lunatic_is_in_my_head said:

sheramber said:

You  deal with manufacturer. They replace it  direct to you.

Yiu deal with retailer. Retailer sends it to manufacturer . Manufacturer replaces it back to retailer . Retailer sends replacement to you.

Which option is more efficient? 

Which option guarantees a refund if the repair is bodged or the goods fail again?

Its not going to be repaired, its a one use only sealed plastic unit. When we reported ours as broken they didn't even ask for it back but took the serial numbers and batch number from the boxes. 

born_again said:

trashedteen said:

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?

So I take it this is one of the devices that you stick in your arm, Such as FreeStyle Libre2. Which connects to your phone & will give a alarm when you levels are too low/high.

Which part is faulty?
& what is the issue?

FreeStyle Libre 2/3 plus is an example of a CGM, they themselves continuously monitor your glucose level for circa 2 weeks. They connect by bluetooth to a smartphone or special reader so rather than doing a finger !!!!!! showing your glucose level at individual points of time you get a continuous graph showing what's happening. 

With more recent versions that can sustain a continuous link to the phone the phone can be set to alarm if you go out of range (high or low). Similarly if you have an insulin pump the CGM and IP can talk to each other so the pump adjusts how much insulin its giving depending on what your blood sugar levels are. 

It's a flat plastic disc with a sticky pad, unless the OP is saying it didnt stick then there is no way to really diagnose an issue with them. They stick or dont stick. Assuming they do then they work or dont work. It's not like you can take it off and reapply it. 

Obviously you can put it on and then knock it off against a doorway or such but thats user error not a faulty device and plenty sell larger sticky pads or elastic straps to reduce the risks. As each generation goes on they are getting better though, the new 3 plus is much smaller so less likely to be caught etc. 

trashedteen

The retailer is Chemist4u - I went with them because it was £4 cheaper than Amazon but I'm regretting my choice now. 

To clarify, they're saying that because it's a medical device, I need to contact the manufacturer and arrange a return/replacement myself. My argument is that it's not my job to contact the manufacturer as the contract is with them as the retailer. I've explained that I'm happy for them to do so on my behalf. 

I have used the device but it became faulty 3 days after putting on my arm (it's supposed to last 2 weeks) - where does this leave me with my right to reject? I have arranged a chargeback with my bank now also.

sheramber

I don’t think you have said how long you have had it but if it is over 30 days and up to 6 months then the retailer is entitled to establish it is faulty. 

That are not going to replace ce it until they have received it and established it is faulty and not user error. They might do that by returning it to the manufacturer  with the resulting delay. 

Quicker to go to the manufacturer yourself and get a first hand result.

powerful_Rogue

the_lunatic_is_in_my_head said:

sheramber said:

You  deal with manufacturer. They replace it  direct to you.

Yiu deal with retailer. Retailer sends it to manufacturer . Manufacturer replaces it back to retailer . Retailer sends replacement to you.

Which option is more efficient? 

Which option guarantees a refund if the repair is bodged or the goods fail again?

What if the manufacturer replaces, more than once I've read on this board "if the manufacturer replaced you can't return it to the retailer as it's not the same thing you purchased" (not sure how true that is) and if manufacturer turns around next time and says "sorry over 1 year old nothing we can do." what then? 

What if the the return shows as delivered but manufacturer says they don't have it and they are based elsewhere? 

There are many concerns that are very unlikely to arise but equally could which would leave the customer in a worse off position of being stuck between the two.

I really don't see any reason the retailer can't simply say "box it up, a courier will collect on x date/here is a pre-paid label and a repaired/refurbished/brand new unit will be with you in x weeks" then it doesn't matter where it goes or what happens as the retailer will be the one who clearly dealt with the matter and the sole point of contact should anything go wrong. 

If you're directed by the retailer then I can't see the issue. The previous threads you mention were about people going straight to the manufacturer and missing out the retailer.