Supplier not fixing broken treadmill - what are my rights?
Discussion
Hi all,
I think this is the right sub-forum for this.
Back in September we spent nearly £1000 on a treadmill from a large UK supplier of fitness equipment (I think the forum rules won't allow me to name and shame them).
All was well until shortly in to December, when it broke. I informed the supplier of the fault and they've basically done nothing - despite constant chasing. The wife and I use the treadmill more or less daily - especially at this time of year (we'll run outdoors in all weather, but I don't like running on unlit trails in the dark). So not being able to use it during the darkest/coldest month of the year has been hugely inconvenient to what is usually part of our daily routine.
What they want to do is to send an engineer to look at it (which I agreed to) - only nothing has actually happened. I phone them, and they claim they've asked their engineer to call me, but that he's very busy. So a few days later, I chase, and get the same answer.
I've got fed up with waiting, so I've now asked for them to come and collect the machine and to refund the £1000 I paid for it.
I'm waiting for them to respond, but I'm just checking what my actual legal rights are? Given their lack of action, am I entitled to ask them to collect it at their own cost, and give me a full refund?
If not (or as an alternative) is there some kind of time frame in which they should have repaired or replaced the faulty equipment to my satisfaction?
Thanks for any advice!
Steve.
I think this is the right sub-forum for this.
Back in September we spent nearly £1000 on a treadmill from a large UK supplier of fitness equipment (I think the forum rules won't allow me to name and shame them).
All was well until shortly in to December, when it broke. I informed the supplier of the fault and they've basically done nothing - despite constant chasing. The wife and I use the treadmill more or less daily - especially at this time of year (we'll run outdoors in all weather, but I don't like running on unlit trails in the dark). So not being able to use it during the darkest/coldest month of the year has been hugely inconvenient to what is usually part of our daily routine.
What they want to do is to send an engineer to look at it (which I agreed to) - only nothing has actually happened. I phone them, and they claim they've asked their engineer to call me, but that he's very busy. So a few days later, I chase, and get the same answer.
I've got fed up with waiting, so I've now asked for them to come and collect the machine and to refund the £1000 I paid for it.
I'm waiting for them to respond, but I'm just checking what my actual legal rights are? Given their lack of action, am I entitled to ask them to collect it at their own cost, and give me a full refund?
If not (or as an alternative) is there some kind of time frame in which they should have repaired or replaced the faulty equipment to my satisfaction?
Thanks for any advice!
Steve.
If you paid by credit card take it up with them .
If not send them a recorded delivery letter giving them 7 days to sort it to your satisfaction then straight to small claims court , no messing about.
I'd give them a quick check out on companies house website to make sure you're dealing with a company that has assets first.
If not send them a recorded delivery letter giving them 7 days to sort it to your satisfaction then straight to small claims court , no messing about.
I'd give them a quick check out on companies house website to make sure you're dealing with a company that has assets first.
Thanks - I actually paid them via "Amazon Pay" (because I think there was some sort of incentive or cashback at the time). But at the end of the day, I think it was linked to a credit (or maybe debit) card. Will check Companies House - If the company went bust, then it would be an expensive hit - but I guess I could take it up with the actual manufacturer of the treadmill (I've only been in contact with the supplier/retailer thus far).
Summary:
https://www.which.co.uk/consumer-rights/regulation...
and:
http://www.legislation.gov.uk/ukpga/2015/15/sectio...
23Right to repair or replacement
(1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).
(2)If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—
(a)is impossible, or
(b)is disproportionate compared to the other of those remedies.
(4)Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the consumer.
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.
(6)A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).
(7)A consumer who requires or agrees to the replacement of goods cannot require the trader to repair them, or exercise the short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).
(8)In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.
Says 'within a reasonable time and without significant inconvenience to the consumer'. but I'm not aware of anything that gives that as a set period of days, weeks etc.
https://www.which.co.uk/consumer-rights/regulation...
and:
http://www.legislation.gov.uk/ukpga/2015/15/sectio...
23Right to repair or replacement
(1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).
(2)If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—
(a)is impossible, or
(b)is disproportionate compared to the other of those remedies.
(4)Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the consumer.
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.
(6)A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).
(7)A consumer who requires or agrees to the replacement of goods cannot require the trader to repair them, or exercise the short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).
(8)In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.
Says 'within a reasonable time and without significant inconvenience to the consumer'. but I'm not aware of anything that gives that as a set period of days, weeks etc.
Buster73 said:
If you paid by credit card take it up with them .
See below.stevesuk said:
Thanks - I actually paid them via "Amazon Pay" (because I think there was some sort of incentive or cashback at the time). But at the end of the day, I think it was linked to a credit (or maybe debit) card. Will check Companies House - If the company went bust, then it would be an expensive hit - but I guess I could take it up with the actual manufacturer of the treadmill (I've only been in contact with the supplier/retailer thus far).
Oh dear. It is quite possible that using a third party payment provider (i.e. an intermediary which sits between you and the supplier) may have denied you your Section 75 protection.Check this before you try to claim from you card company - http://www.telegraph.co.uk/personal-banking/credit...
stevesuk said:
What they want to do is to send an engineer to look at it (which I agreed to) - only nothing has actually happened. I phone them, and they claim they've asked their engineer to call me, but that he's very busy. So a few days later, I chase, and get the same answer.
I've got fed up with waiting, so I've now asked for them to come and collect the machine and to refund the £1000 I paid for it.
I'm waiting for them to respond, but I'm just checking what my actual legal rights are? Given their lack of action, am I entitled to ask them to collect it at their own cost, and give me a full refund?
As far as a refund is concerned, Sections 9 and 19(14) of the Consumer Rights Act 2015 are your friend.I've got fed up with waiting, so I've now asked for them to come and collect the machine and to refund the £1000 I paid for it.
I'm waiting for them to respond, but I'm just checking what my actual legal rights are? Given their lack of action, am I entitled to ask them to collect it at their own cost, and give me a full refund?
http://www.legislation.gov.uk/ukpga/2015/15/sectio...
http://www.legislation.gov.uk/ukpga/2015/15/sectio...
Red Devil said:
Buster73 said:
If you paid by credit card take it up with them .
See below.stevesuk said:
Thanks - I actually paid them via "Amazon Pay" (because I think there was some sort of incentive or cashback at the time). But at the end of the day, I think it was linked to a credit (or maybe debit) card. Will check Companies House - If the company went bust, then it would be an expensive hit - but I guess I could take it up with the actual manufacturer of the treadmill (I've only been in contact with the supplier/retailer thus far).
Oh dear. It is quite possible that using a third party payment provider (i.e. an intermediary which sits between you and the supplier) may have denied you your Section 75 protection.Check this before you try to claim from you card company - http://www.telegraph.co.uk/personal-banking/credit...
Amazon Pay has its own dispute resolution process (as does PayPal), and my own experience with Amazon in relation to disputes with merchants has been quite good.
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