Faulty item, purchased abroad, replaced in the UK... now...
Faulty item, purchased abroad, replaced in the UK... now...
Author
Discussion

Magog

Original Poster:

2,653 posts

219 months

Tuesday 22nd September 2015
quotequote all
...the replacement is faulty, and the retailer is not playing ball.

Long story short. Item purchased abroad in Summer 2014 with a credit card, after several months the item developed a fault and was replaced with a near identical UK spec version by UK Branch of the retailer (with relatively little hassle). Replacement item then developed a similar, but not identical, fault after a number of months. Retailer is now not playing ball at all, and stating the item has been used inappropriately (it hasn't), and is refusing a repair/refund.

Immediate course of action seems to be to continue to press the UK retailer who supplied the faulty item for resolution, but is the Sale of Goods Act (or it's replacement?) relevant here given the initial contract was established abroad. Failing that is going via the credit card company still an option given that 12 months have passed?

marshalla

15,902 posts

231 months

Tuesday 22nd September 2015
quotequote all
Original purchase occurred where ? EU countries may offer better protection than non-EU.

However, this long after purchase you are well into the time when you need to show that the fault was present at time of purchase rather than this being the default assumption.

TooMany2cvs

29,008 posts

156 months

Tuesday 22nd September 2015
quotequote all
What is it, how long a warranty, and what would the expected life be?

Your contract is with the original retailer. Are the UK branch part of the same actual company? They provided you with one replacement through goodwill, but are under no obligation to do more.

anonymous-user

84 months

Tuesday 22nd September 2015
quotequote all
why so vague?

was it purchased in eu? what type of item was it?

Magog

Original Poster:

2,653 posts

219 months

Tuesday 22nd September 2015
quotequote all
Outside the EU, in the USA, which probably complicates things. I was hoping that the provision of a replacement in the UK by the UK branch might repatriate the contract/liability.

I was trying to avoid saying what it was, should it distract from the core issue... it's a not very PH item.

Whisper it, or at least turn the volume down, and put on your best Lady Bracknell voice, but it's a...

JustinP1

13,363 posts

260 months

Tuesday 22nd September 2015
quotequote all
What's the item?

How much was it?

Is it still under warranty?

Why do they think it's misused?

TooMany2cvs

29,008 posts

156 months

Tuesday 22nd September 2015
quotequote all
Magog said:
Whisper it, or at least turn the volume down, and put on your best Lady Bracknell voice, but it's a...
So, yes, easy to damage through misuse.

Not a cheap one, I take it? So there's an argument to say that it's only intended for occasional "special" use. Daily use could be counted as extreme.

Magog

Original Poster:

2,653 posts

219 months

Wednesday 23rd September 2015
quotequote all
Not cheap (to purchase anyway, probably was to make), but not outrageously expensive either, definitely mid-range, but expensive enough to think it would last more than a few months. I don't think daily use could in any way be regarded as extreme or unusual. It is a metal component in the strap that has broken, and they are stating that this is down to the bag being overloaded, but it hasn't been, and it's pretty obvious this is down to either down to the component being under specified at the design stage or incorrectly manufactured.

The first bag had an issue with the stitching of the handle attachments, and my gut feeling is that they just don't make or specify their products well enough, certainly not for the price point they pitch them at.

I'm not sure what exact warranty it was provided with initially, or if one was provided with the replacement, I will have to investigate.

I think the major issue is this was meant to be a bit of a special purchase and has just turned into a bit of an ongoing nightmare, stripping all the pleasure from it.

anonymous-user

84 months

Wednesday 23rd September 2015
quotequote all
i think the law won't help here, i think you need to find out if in a trading group or just contact customer service, twitter etc make a noise.

Another option if you have the orignal receipt try another shop?