Discussion
Hi, my first post in this forum (I'm not a biker, but do appreaciate bikes, so dont shoot me down!).
I'm actually posting on behalf of a guy work with, who does not know I'm posting, but I feel pretty sorry for him and want some advice.
He just picked up a new crash helmet from a UK wide motorbike specialist. He used the helmet for a short trip from the bike shop to the office (10 mins?) but realised immeadiately that it was too big for him...and went back to ask if could be exchanged. The shop noticed (at the point he brought it back) that the front air vent was broken and advised him that they would not accept it back...ie. goodbye, and take your broken, oversize, helmet with you.
I dont know how much the helmet cost, but I guess these things are not cheap....but are they like buying a pair of pants from M&S? ie. once you've put them on you cant take them back?
As the helmet was damaged, does he have any right for it to be exchanged? Its likey it was damaged before he picked it up, as opposed to during the 10 minutes he used it, though there is no proof either way...(regardless, surely if this is a manufacturing fault it should be exchanged, no questions asked, and returned to the manufacturer?).
It surprises me, as firstly I would have thought the shop would be keen to advise a good fit (and exchance if necessary, for safty reasons). Secondly, just straight forward customer service. I would imagine the margins on this kind of thing are pretty high - so would'nt the shop benefit more by assisting a customer though a sale, sort out any probelms if need be, and secure future business...as opposed to upsetting a buyer and ensuring they never go back?
Sorry about the last paragrahph...that was just a personal rant, as lack of cusotmer service really gets my back up.
I'm actually posting on behalf of a guy work with, who does not know I'm posting, but I feel pretty sorry for him and want some advice.
He just picked up a new crash helmet from a UK wide motorbike specialist. He used the helmet for a short trip from the bike shop to the office (10 mins?) but realised immeadiately that it was too big for him...and went back to ask if could be exchanged. The shop noticed (at the point he brought it back) that the front air vent was broken and advised him that they would not accept it back...ie. goodbye, and take your broken, oversize, helmet with you.
I dont know how much the helmet cost, but I guess these things are not cheap....but are they like buying a pair of pants from M&S? ie. once you've put them on you cant take them back?
As the helmet was damaged, does he have any right for it to be exchanged? Its likey it was damaged before he picked it up, as opposed to during the 10 minutes he used it, though there is no proof either way...(regardless, surely if this is a manufacturing fault it should be exchanged, no questions asked, and returned to the manufacturer?).
It surprises me, as firstly I would have thought the shop would be keen to advise a good fit (and exchance if necessary, for safty reasons). Secondly, just straight forward customer service. I would imagine the margins on this kind of thing are pretty high - so would'nt the shop benefit more by assisting a customer though a sale, sort out any probelms if need be, and secure future business...as opposed to upsetting a buyer and ensuring they never go back?
Sorry about the last paragrahph...that was just a personal rant, as lack of cusotmer service really gets my back up.
Although the visor could have possibly been broken when he purchased, the shop is right not to take it back if worn. I'd get them to replace the visor if I could tho, making best of bad situation.
They have no idea what has happened to it in those 10 minutes and as such they can't resell it. Would you buy a second hand helmet? No.
Ideally they should have advised him it should fit, but ultimately it relies on the wearer to see how it fits as the sellers can't see inside the lid.
All is not lost though, for some types of helmets you can buy different inners to adjust the fit, assuming its not about 4 sizes to big...
They have no idea what has happened to it in those 10 minutes and as such they can't resell it. Would you buy a second hand helmet? No.
Ideally they should have advised him it should fit, but ultimately it relies on the wearer to see how it fits as the sellers can't see inside the lid.
All is not lost though, for some types of helmets you can buy different inners to adjust the fit, assuming its not about 4 sizes to big...
The vent issue may actually be a blessing in disguise. Check out the details on the Sale of Goods act.
http://www.berr.gov.uk/consumers/buying-selling/sa...
http://www.berr.gov.uk/consumers/fact-sheets/page3...
http://www.berr.gov.uk/files/file25486.pdf
(Check out page 8)
If there is a fault with the item then it is up to the seller to prove that the fault was not a design/supply fault rather than the purchers having to prove it was. The retailer has to offer money back.
Also, assuming that the supplier helped to size the helemt then the goods are "not as described" ie a good fit.
http://www.berr.gov.uk/consumers/buying-selling/sa...
http://www.berr.gov.uk/consumers/fact-sheets/page3...
http://www.berr.gov.uk/files/file25486.pdf
(Check out page 8)
If there is a fault with the item then it is up to the seller to prove that the fault was not a design/supply fault rather than the purchers having to prove it was. The retailer has to offer money back.
Also, assuming that the supplier helped to size the helemt then the goods are "not as described" ie a good fit.
f13ldy said:
Although the visor could have possibly been broken when he purchased, the shop is right not to take it back if worn. I'd get them to replace the visor if I could tho, making best of bad situation.
They have no idea what has happened to it in those 10 minutes and as such they can't resell it. Would you buy a second hand helmet? No.
Ideally they should have advised him it should fit, but ultimately it relies on the wearer to see how it fits as the sellers can't see inside the lid.
All is not lost though, for some types of helmets you can buy different inners to adjust the fit, assuming its not about 4 sizes to big...
Sorry ..... but this is wrong. Check out the Sale of Goods Act.They have no idea what has happened to it in those 10 minutes and as such they can't resell it. Would you buy a second hand helmet? No.
Ideally they should have advised him it should fit, but ultimately it relies on the wearer to see how it fits as the sellers can't see inside the lid.
All is not lost though, for some types of helmets you can buy different inners to adjust the fit, assuming its not about 4 sizes to big...
black-k1 said:
f13ldy said:
Although the visor could have possibly been broken when he purchased, the shop is right not to take it back if worn. I'd get them to replace the visor if I could tho, making best of bad situation.
They have no idea what has happened to it in those 10 minutes and as such they can't resell it. Would you buy a second hand helmet? No.
Ideally they should have advised him it should fit, but ultimately it relies on the wearer to see how it fits as the sellers can't see inside the lid.
All is not lost though, for some types of helmets you can buy different inners to adjust the fit, assuming its not about 4 sizes to big...
Sorry ..... but this is wrong. Check out the Sale of Goods Act.They have no idea what has happened to it in those 10 minutes and as such they can't resell it. Would you buy a second hand helmet? No.
Ideally they should have advised him it should fit, but ultimately it relies on the wearer to see how it fits as the sellers can't see inside the lid.
All is not lost though, for some types of helmets you can buy different inners to adjust the fit, assuming its not about 4 sizes to big...
f13ldy, I wouldnt buy a 2nd hand helmet - but I would'nt expect the shop to re-sell it. Good point about the inner...maybe thats a worst case option, if nothing is resloved.
black-k1, thanks for the links, I'll certainly pass them on.
Edited by Burnham on Friday 25th July 15:30
Burnham, if the retailer doesn't play ball, ask to speak to the franchise manager (assuming it is who I think it is). Get the manager's name and tell them that the law is on your friends's side (as per the SOGA) and that if they do not refund the purchase, you will take them to the small claim track. Get the franchise's head office details as you will need that.
Doubtless the retailer will view this as an empty threat and your friend can later bask in the glow of Northampton Court finding in favour of your friend (if it even gets that far, which I seriously doubt it will).
Doubtless the retailer will view this as an empty threat and your friend can later bask in the glow of Northampton Court finding in favour of your friend (if it even gets that far, which I seriously doubt it will).
Sossige said:
Burnham, if the retailer doesn't play ball, ask to speak to the franchise manager (assuming it is who I think it is). Get the manager's name and tell them that the law is on your friends's side (as per the SOGA) and that if they do not refund the purchase, you will take them to the small claim track. Get the franchise's head office details as you will need that.
Doubtless the retailer will view this as an empty threat and your friend can later bask in the glow of Northampton Court finding in favour of your friend (if it even gets that far, which I seriously doubt it will).
Cheers Sossige, I think he is going for the SOGA route - detailing the vent...ironic as this is one of the reasons they would not take it back. He has already tried the francise manager, but He Gets nowhere, I'll advise him to escalate it!Doubtless the retailer will view this as an empty threat and your friend can later bask in the glow of Northampton Court finding in favour of your friend (if it even gets that far, which I seriously doubt it will).
Edited by Burnham on Friday 25th July 15:49
Sossige said:
How did your friend get on?
Frustratingly, he gave up going any further with it due to the shops unwillingness to help, so bought a balaclava and is putting up with the air vent as it is..Thanks for all the help though, I've kept the SOGA info for myself, for future reference
Burnham said:
Sossige said:
How did your friend get on?
Frustratingly, he gave up going any further with it due to the shops unwillingness to help, so bought a balaclava and is putting up with the air vent as it is..Thanks for all the help though, I've kept the SOGA info for myself, for future reference
In fact, I'm surprised I haven't been banned from Homebase after a similar issue with some of their furniture.
I bought a helmet from the local place..
I was unsure between 2 sizes, eventually took the smaller one home..
tried it on again at home, after wearing it for 10 mins decided it was too small and uncomfortable..
SO popped back to the shop and they exchanged it no problem.. although it was fairly obvious It hadnt been used as it still had the plastic film over the visor...
I was unsure between 2 sizes, eventually took the smaller one home..
tried it on again at home, after wearing it for 10 mins decided it was too small and uncomfortable..
SO popped back to the shop and they exchanged it no problem.. although it was fairly obvious It hadnt been used as it still had the plastic film over the visor...
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