Consumer Protection Act and a company that dishes out Haribo
Consumer Protection Act and a company that dishes out Haribo
Author
Discussion

T1berious

Original Poster:

2,669 posts

184 months

Thursday 9th October 2014
quotequote all
Hoping someone can offer some advice,

To cut a long story short I purchased a Heart Rate Monitor from Wiggle.

Their product description under "items in the box" clearly stated the following:

Polar V800
USB Cable
Wearlink Transmitter
Getting started guide

Item arrives minus the Wearlink Transmitter.

I contact customer services assuming it was omitted in error and am told the following:

the listing on this watch was incorrect. In this case I would be able to offer a voucher as the listing is incorrect.

I thought OK, well if the voucher covers the cost of the belt than cool.

It didn't.

I just wondered, surely that's a breach of a consumer law if a product is described containing the parts necessary for it be fit for purpose?

Even if it wasn't all the parts claimed to be "In the box" clearly were not?

Just wondered if anyone had any dealings with the Law.

Any advice greatly appreciated.

Cheers,

T1b


anonymous-user

83 months

Thursday 9th October 2014
quotequote all
You can reject the product under the Sale of Goods Act, and in any event if bought online or by phone you can return it without any reason within 14 days of receiving the product. Give notice of your intent to do so. An email is fine. I assume that the seller is in the EU.

T1berious

Original Poster:

2,669 posts

184 months

Thursday 9th October 2014
quotequote all
Yes it's Wiggle.

I had a feeling that the best I can go for is returning the Item rather than meeting the wording of their product listing.

:Sigh:

Seight_Returns

1,640 posts

230 months

Thursday 9th October 2014
quotequote all
Looking at Wiggle's website they sell 2 products - "Polar V800" for £349.50 and "Polar V800 With HRM" for £399.50.

As you say the the cheaper product does say "Wearlink Transmitter" in the "What's In The Box" section.

That sounds like a genuine mistake to me rather than a deliberate attempt to rip off consumers - it's pretty obvious that the cheaper product doesn't include the HRM but the more expensive one does, but there's a mistake in the description of the cheaper one.

If they've offered you a refund including your return postage costs AND given you a voucher by way of apology, then I think you've been well looked after.

The Consumer Protection Act and associated other consumer legislation is intended to protect consumers - not to assist them in exploiting retailers who've made genuine mistakes.

:Sigh: