Mobility Scooter Warranty - consumer rights

david_hunt

Hi - looking for help/advice and reassurance of consumer rights.

my mother in law purchased a mobility scooter online from Welzo for around £800

After less than 3 months and 21km of use the folding mechanism broke. 

We contacted Welzo who made it very difficult through email conversation to rerun the item for warranty repair or ideally return. 

We complied with photos and then a video. Finally we were told to pay to return the item to NitroTek the importer/distributor. We didn’t believe this was right but after almost 3 months of email exchanges we complied to get the item repaired. 

The scooter has been repaired but now Welzo want my mother in law to pay for work completed on the scooter and to pay for the shipping return. 

We have advised Welzo that this is their responsibility. We have also spoken to NitroTek and they have agreed the return costs are the responsibility of Welzo. 

We have hit another stale mate as the scooter is approaching 7 months old Welzo suggest the warranty is covered by the manufacturer. Although they mean NitroTek the importer. 

How do you deal with a sales company that doesn’t understand the consumer rights act? (We have sent direct links to them from various sources MS, Which and Gov sites). We believe we are right! 

We want a refund if possible as the item has not lasted anywhere near the length of time that it should. If this isn’t possible then we want Welzo to pay for the item to be returned (it’s £30 not a great deal but Welzo in our mind is asking customers to fund their obligations!) 

sorry about the long post.

molerat

How did she pay ?

sheramber

Welzo  is a sales platform. 

Is the scooter a Welzo products or sold by a third party seller?

Good luck k to anyone who tries to read the T&C.  

e.g.  

LAW

Governing Law. These Terms and any and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be exclusively governed by, and construed in accordance with English law, without regard to conflicts of laws principles. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

24. JURISDICTION 

Jurisdiction. The Parties irrevocably consent and submit to the exclusive jurisdiction and venue of the courts of London in all disputes or claims arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

https://welzo.com/policies/terms-of-service

david_hunt

molerat said:

How did she pay ?

Debit card. Challenged a refund via the card and they refused.

david_hunt

sheramber said:

Welzo  is a sales platform. 

Is the scooter a Welzo products or sold by a third party seller?

Good luck k to anyone who tries to read the T&C.  

e.g.  

LAW

Governing Law. These Terms and any and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be exclusively governed by, and construed in accordance with English law, without regard to conflicts of laws principles. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

24. JURISDICTION 

Jurisdiction. The Parties irrevocably consent and submit to the exclusive jurisdiction and venue of the courts of London in all disputes or claims arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

They are a reseller. We paid Welzo. 

bigal4u2

I too purchaesd a mobility scooter from this company, 3 major faults to date, battery failure within 2 months, replaced, battery charger getting so hot it cannot be touched, and there are NO markings on the charger re input/output voltages etc. Finaly, the small LCD panel gave up, so I do not know the state of charge, distance travelled or speed. Been in touch wilt Welzo, they are asking £30 for a carton to return the scooter, which is only 5 months old !!. NOT a happy camper !!.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82071401#Comment_82071401

If it's fewer than 6 months since you took delivery of the scooter then there is a legal presumption under the Consumer rights Act 2015 that it was faulty when you bought it - unless the seller can prove otherwise.

Also under the Consumer Rights Act, after one failed attempt at repair you are entitled to claim a full refund if that attempt fails.

Also - again under the Consumer Rights Act - unless there is a prior agreement that you must return faulty goods, all you need to do is to make them available for collection by the seller. All that is at the seller's cost - not yours!