Bought product but manufacturer denying service

[The Wookie]

Hi all,

Bit of a strange one and just wondered what my position is

I bought a smart phone controlled immobiliser from a well known (albeit probably not huge) seller specialising in security products for a type of car notorious for its propensity to go missing

I’ve had the immobiliser installed and have gone to download the app to activate it (out of the box it doesn’t inhibit starting) only to find that, since March, the app is now not openly available on the App Store and that you now need to contact the manufacturer for them to provide a link

Helpfully they’ve responded that the vendor I’ve bought it from isn’t an ‘approved reseller’ so they won’t send me the link.

On closer inspection on their website there is a list of ‘non approved resellers’ but my vendor still isn’t listed, there is no list of approved resellers either.

The system wasn’t particularly expensive but I have paid to have it installed (and presumably will now have to pay to have it removed) and it seems a massive piss take to me

Initially I thought it might be because they want to ensure the systems are being professionally installed (most immobilisers are only sold with installation included) but they sell the systems direct to consumers on their own website in the same way I’ve bought it.

If it makes any difference the manufacturer appears to be Swiss based but there seems to be some link to Hungary

I’ve approached the vendor asking for clarification on what the hell is going on and am awaiting a response. For the timebeing I’m assuming good faith from them, I’ve bought plenty from them before and they’ve always been helpful.

It strikes me as sharp practice from the manufacturer, even if there was a list of approved resellers (and my vendor wasn’t on it) they’ve clearly they’ve sold the unit to the vendor and while it’s been sat in stock on the shelf they’ve changed their policy and they are effectively retrospectively rendering it not fit for purpose

If it goes tits up have I got a leg to stand on?

[barryrs]

Is the device installed 100% genuine?

I wonder if the manufacturer has had problems with cheap copies and has restricted access to the app to protect themselves.

[The Wookie]

There’s nothing to make me think that it’s not a genuine item

Has all the correct branding, came well presented in a nice box identical to the one shown on the website, it also came, as described on the website, with a scratch card with the unit ID to program it which would be pretty elaborate for a fake or copy

Also as far as I’m aware the vendor is a well regarded guy/business selling far more expensive kit, I can’t believe he’d be skinflinting to have one over on his customers

[plasticpig]

If by App Store you mean the Apple App Store then the manufacturer may be breaching Apples T&C’s. The method of distribution (private distribution) they are using is really meant to distribute apps to businesses and other organisations. It’s not really designed or intended to be used to distribute to consumers.

[FWIW]

Did you pay by credit card? Do you want a refund?

[The Wookie]

plasticpig said:

If by App Store you mean the Apple App Store then the manufacturer may be breaching Apples T&C’s. The method of distribution (private distribution) they are using is really meant to distribute apps to businesses and other organisations. It’s not really designed or intended to be used to distribute to consumers.

That’s interesting thanks, at least I might have the option of being a pain in the arse on my way out then!

[The Wookie]

FWIW said:

Did you pay by credit card? Do you want a refund?

Credit card via PayPal checkout. It’s installed and I’ve also paid for the installation though which cost more than the unit itself

[FWIW]

The Wookie said:

FWIW said:

Did you pay by credit card? Do you want a refund?

Credit card via PayPal checkout. It’s installed and I’ve also paid for the installation though which cost more than the unit itself

I see, so a claim for your losses will be complicated because the seller is overseas. I can’t imagine PP being too helpful…just like me, sorry!

Edited by FWIW on Friday 20th August 13:00

[The Wookie]

FWIW said:

I see, so a claim for your losses will be complicated because the seller is overseas. I can’t imagine PP being to helpful…just like me, sorry!

No worries

Seller is actually local but the manufacturer is overseas. Until I’ve actually had an issue I’m assuming that he will be decent about it, ultimately I’ve bought it new, it’s not fit for purpose and there are knock on costs.

I’m guessing it’s been stock sat on his shelf for 6 months and the manufacturer changed their conditions without informing him

I must admit though I thought most countries on this side of the world would see this sort of behaviour as unacceptable, I’m almost as interested to find out if what the manufacturer is doing is legal, here or in Switzerland.

Ultimately if bought a car direct from the factory, then sold it to someone as a brand new car not from an approved dealer, would it be acceptable for the manufacturer to disable it remotely because of some arbitrarily imposed conditions?

Edited by The Wookie on Thursday 19th August 22:22

[Mikebentley]

I wait to be corrected but as always isn’t it the case that your “ contract” is with the person you purchased off so they either make it work as you believed it would or they refund you.

[IJWS15]

The Wookie said:

That’s interesting thanks, at least I might have the option of being a pain in the arse on my way out then!

Many businesses (including mine) use the app store to distribute apps to their staff. If it wasn't allowed Apple wouldn't be selling many i-phones to businesses.

We have also used it to distribute apps to customers.

[BertBert]

seems pretty simple that the seller is responsible so they will need to fix the problem or refund you. Might be a harder argument regarding the cost of the install, but you'd expect that to be refunded as well.

Interesting though, if the seller is not authorised to sell the gadget by the manufacturer, how do they get units to sell?

[plasticpig]

IJWS15 said:

Many businesses (including mine) use the app store to distribute apps to their staff. If it wasn't allowed Apple wouldn't be selling many i-phones to businesses.

We have also used it to distribute apps to customers.

Which is allowed as is private BtoB app distribution. I was questioning the use of private App Store distribution to consumers as all of Apples documentation that I have seen indicates it’s for use for BtoB or within an organisation.

[A205GTI]

FWIW said:

The Wookie said:

FWIW said:

Did you pay by credit card? Do you want a refund?

Credit card via PayPal checkout. It’s installed and I’ve also paid for the installation though which cost more than the unit itself

I see, so a claim for your losses will be complicated because the seller is overseas. I can’t imagine PP being too helpful…just like me, sorry!

Edited by FWIW on Friday 20th August 13:00

TBF to paypal I had an issue on purchased goods, they told me they couldn't refund but to contact my bank for the refund, filled in the form paypal didnt even bat an eyelid money was back in 5 days