Consumer rights on motorcycle helmet
Discussion
I bought an Arai Motorcycle helmets from J&S Accessories eBay store 14/4/19, paid by Paypal credit.
It became faulty (plastic things holding visor broke) in June 2019 so I took it back as it turns out the store that does mail order is about 5 miles away. They replaced said things and I was on my way.
The helmet has hardly been used this year, until I got it out a month ago and the same things broke again and at the same time a vent on the helmet came loose and fell off.
I took it back again and asked for a refund, they stated it needed to go off to the manufacturer this time.
They called me last saturday to say the helmet was back, I went over but it turns out it was the identical helmet back for a different customer after 2 months, so I've still got an extra month to wait.
I think it's unacceptable to wait that long, Arai is a premium make and it shouldn't fall apart so easily. I can imagine I will be in the same position again in 6 months but with less rights (if I still have any now).
What are my rights? Can I do a chargeback via PayPal credit?
I've read you can do one up to 540 days on a credit card, I am at roughly 515.
I take it PayPal credit works the same as a credit card for chargebacks?
It became faulty (plastic things holding visor broke) in June 2019 so I took it back as it turns out the store that does mail order is about 5 miles away. They replaced said things and I was on my way.
The helmet has hardly been used this year, until I got it out a month ago and the same things broke again and at the same time a vent on the helmet came loose and fell off.
I took it back again and asked for a refund, they stated it needed to go off to the manufacturer this time.
They called me last saturday to say the helmet was back, I went over but it turns out it was the identical helmet back for a different customer after 2 months, so I've still got an extra month to wait.
I think it's unacceptable to wait that long, Arai is a premium make and it shouldn't fall apart so easily. I can imagine I will be in the same position again in 6 months but with less rights (if I still have any now).
What are my rights? Can I do a chargeback via PayPal credit?
I've read you can do one up to 540 days on a credit card, I am at roughly 515.
I take it PayPal credit works the same as a credit card for chargebacks?
Edited by alistair1234 on Wednesday 16th September 17:15
Edited by alistair1234 on Wednesday 16th September 17:15
Goods have to be fit for purpose and durable but it's a grey area. What is actually happening to the clips? Are they literally snapping or just lose? Really unusual for other unrelated bits of a helmet to break at the exact same time something else does.
After 6 months, you have to prove there is a manufacturing defect but at the moment, the retailer is doing all they need to do. You don't have a right to a refund after this length of time and the retailer gets to decide if they repair, refund or replace. They can also take into account the length of time you had the helmet, so you can't force a full refund (although some retailers might).
The issue I expect you will have if you try to force the refund issue is the retailer doesn't know what you have done to the helmet - you may have dropped it or damaged it, or it might be poor quality (but unlikely given Arai's premium price). Given it's a safety item, it makes sense for Arai to inspect and repair - would you want a helmet that hadn't been checked properly?
Have you spoken directly to Arai about it? They have a 7 year warranty from date of manufacture and expect would be helpful if you contact them.
Paypal credit is covered under S75 but if the retailer is providing a repair service, you are not likely to succeed going down that avenue.
After 6 months, you have to prove there is a manufacturing defect but at the moment, the retailer is doing all they need to do. You don't have a right to a refund after this length of time and the retailer gets to decide if they repair, refund or replace. They can also take into account the length of time you had the helmet, so you can't force a full refund (although some retailers might).
The issue I expect you will have if you try to force the refund issue is the retailer doesn't know what you have done to the helmet - you may have dropped it or damaged it, or it might be poor quality (but unlikely given Arai's premium price). Given it's a safety item, it makes sense for Arai to inspect and repair - would you want a helmet that hadn't been checked properly?
Have you spoken directly to Arai about it? They have a 7 year warranty from date of manufacture and expect would be helpful if you contact them.
Paypal credit is covered under S75 but if the retailer is providing a repair service, you are not likely to succeed going down that avenue.
TimmyMallett said:
Changing a visor on those is not the simplest process. If you force it it will snap off.
Agreed. You have to do it the correct way or as you have found out they will break.
There’s a good reason why you can buy the side fastenings separately
Vent falling off is a separate issue but I don’t think a company would accept breaking visor clips as a reason to reject the helmet.
Edited by Drawweight on Thursday 17th September 12:26
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