American Golf Refund

unholyangel · 10 November 2018 at 6:05PM

George_Michael wrote: »

I agree, and I've not stated otherwise.
What was it that you stated earlier?

There has been nothing written or implied saying that American golf have refused to allow to OP to claim on their statutory rights.

If the OP went into the store and stated something such as:
"I purchased these shoes 10 months ago and the waterproofing has failed and as Nike offer a 2 year guarantee, I would like them replaced"
then the store staff haven't lessened or removed any statutory rights as those rights are still there should the OP chose to use them.

So theoretically, if this was a claim under warranty......why - after the shoes have been deemed faulty by the retailer - is OP only being offered a voucher when their statutory rights are for a refund by the same method of payment they used?

George_Michael · 10 November 2018 at 6:36PM

unholyangel wrote: »

So theoretically, if this was a claim under warranty......why - after the shoes have been deemed faulty by the retailer - is OP only being offered a voucher when their statutory rights are for a refund by the same method of payment they used?

I don't understand your point.
You start off by referring to a warranty claim and end up by mentioning the OP's statutory rights.
If the OP claimed under the manufacturers warranty, the retailer is under no legal obligation to inform the OP of their statutory rights. They can't refuse to honour those rights or mislead anyone about them but if someone stated they wished to claim under the warranty, there is no reason why a retailer has to do anything else.

unholyangel · 11 November 2018 at 9:05PM

George_Michael wrote: »

I don't understand your point.
You start off by referring to a warranty claim and end up by mentioning the OP's statutory rights.
If the OP claimed under the manufacturers warranty, the retailer is under no legal obligation to inform the OP of their statutory rights. They can't refuse to honour those rights or mislead anyone about them but if someone stated they wished to claim under the warranty, there is no reason why a retailer has to do anything else.

You said there has been nothing written or implied that AG has refused OP their statutory rights. I said why are AG telling OP they can't get a refund on goods they themselves have deemed to be faulty then? If thats not refusing statutory rights, what is?

Again, a warranty cannot be used to lessen or restrict your statutory rights. So even if you do initially claim on warranty, if the goods subsequently prove to be faulty then you cant be prohibited from exercising your statutory rights - that would be the guarantee/warranty operating as an exclusion clause.

And while they don't have to tell you your legal rights, they cannot mislead you into thinking you don't have those rights - such as by telling you youre only entitled to claim under warranty, only entitled to a voucher and not a refund etc.

George_Michael · 11 November 2018 at 11:02PM

unholyangel wrote: »

You said there has been nothing written or implied that AG has refused OP their statutory rights. I said why are AG telling OP they can't get a refund on goods they themselves have deemed to be faulty then? If thats not refusing statutory rights, what is?
Because unless the OP informed the retailer that they wanted a refund in accordance with their statutory rights and simply said that they wanted a warranty resolution, they haven't been misled.

Again, a warranty cannot be used to lessen or restrict your statutory rights. So even if you do initially claim on warranty, if the goods subsequently prove to be faulty then you cant be prohibited from exercising your statutory rights -
True, the OP isn't prohibited from this provided that they actually make a request in the first place.
that would be the guarantee/warranty operating as an exclusion clause.

And while they don't have to tell you your legal rights, they cannot mislead you into thinking you don't have those rights - such as by telling you youre only entitled to claim under warranty, only entitled to a voucher and not a refund etc.
But did the retailer say this? They may have simply been doing as the OP requested and processed a warranty claim.

If I go into a shop with faulty goods and say that those goods came with a warranty and I wish to claim under that warranty, that is all that the retailer has to do.
However, if I go in and state that I wish to get a resolution under the CRA, then what the retailer has to do is to follow the requirements of that act.

I think I'll draw a line under this here as I don't think we will agree on this and it's pointless having it going to and from for days/weeks to come!

unholyangel · 11 November 2018 at 11:33PM

George_Michael wrote: »

If I go into a shop with faulty goods and say that those goods came with a warranty and I wish to claim under that warranty, that is all that the retailer has to do.
However, if I go in and state that I wish to get a resolution under the CRA, then what the retailer has to do is to follow the requirements of that act.

I think I'll draw a line under this here as I don't think we will agree on this and it's pointless having it going to and from for days/weeks to come!

The goods are faulty by the retailers own admission. They cannot provide a repair or replacement. OP has requested a refund - as is their statutory right where repair or replacement is impossible. Retailer has refused this.

Even if the retailer is refusing on the basis of it being a warranty claim then (again) that warranty is operating as an exclusion clause.

Your statutory rights always apply - not just when you're aware of them.

5.11.1 A guarantee or warranty might be worded in such a way that, if successfully
relied on, it would leave consumers less well able to seek redress, in the
event of default by the trader, than they would be under Part 1 of the Act or
the general law. Using of wording of this kind will raise the same concerns
as exclusion or limitation clauses can do (see paragraphs 5.2.1 to 5.2.10).

5.11.2 There is no objection to guarantees or warranties that simply enlarge the
scope of the consumer’s ordinary legal rights – for example, by offering
refunds or exchanges on a no-fault basis, or offering repairs regardless of
the cause of the problem. But sometimes guarantees or warranties offer
more limited rights than are available under the law, either because the
benefits are less, or because their availability is made subject to special
conditions or restrictions. These are highly likely to be unfair and blacklisted
if they could have the effect of reducing the benefit provided to consumers
by their legal protections.

5.11.3 Certain fundamental legal rights are treated as included in all consumer
contracts by Part 1 of the Act. In general, these statutory rights cannot be
excluded by any form of contractual wording or notice – see above, in part
4 of the guidance on blacklisted terms. But inappropriately restrictive
guarantees may still be challenged as unfair, particularly if they could
deprive consumers of other legal protections. Such wording is also likely to
mislead consumers into assuming that it represents the full extent of their
rights, and cause them to refrain from exercising their statutory rights,
which may be actionable as a breach of the CPRs

guy.pennington · 12 November 2018 at 9:24PM

Thanks for your help and the interesting debate. I'm not really too sure if I am technically claiming a refund under warranty or statutory rights, I just want a refund, and it sounds like I am entitled to one, one way or another.

I am awaiting AG response to my latest rebuff of their voucher offer and I will if necessary quote the Consumer Rights Act 2015 and raise a small claim court action.

pmduk · 13 November 2018 at 9:52AM

How much are these shoes worth before we start talking about the small claims process?

DoaM · 13 November 2018 at 9:56AM

For guaranteed waterproof Nike golf shoes you're probably looking at £80+ as a starting point.

American Golf Refund

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