|
Author |
Message |
veeeffarr |
This post is not being displayed .
|
 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
bs16 |
This post is not being displayed .
|
 bs16 Scooby Slapper

Joined: 23 Feb 2008 Karma :     
|
 Posted: 13:37 - 15 Jun 2008 Post subject: |
 |
|
Had mine 2 months and I've just checked mine and its fine. If it was only a week old then I would want a refund/replacement.
Sale and Supply of Goods Act For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. |
|
Back to top |
|
You must be logged in to rate posts |
|
 |
Nixon |
This post is not being displayed .
|
 Nixon Brolly Dolly

Joined: 23 Jun 2007 Karma :  
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
Finglonga |
This post is not being displayed .
|
 Finglonga World Chat Champion

Joined: 27 Jul 2004 Karma :    
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
veeeffarr |
This post is not being displayed .
|
 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
iooi |
This post is not being displayed .
|
 iooi Super Spammer

Joined: 14 Jan 2007 Karma :    
|
 Posted: 17:01 - 15 Jun 2008 Post subject: |
 |
|
Not really of relevence, but did they give any discount for the fact it was a off the shelf item ?
If they did then, its not so clear cut, as it could well have been, that the stiching was already going. But if you paid full shelf price then you should be asking for a replacement or refund.
I would be going back to the store and havinga word with them. Keep it polite and civil, not going in shouting the odds. ____________________ Just because my bike was A DIVVY, does not mean i am...... |
|
Back to top |
|
You must be logged in to rate posts |
|
 |
veeeffarr |
This post is not being displayed .
|
 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
TechJinx |
This post is not being displayed .
|
 TechJinx Spanner Monkey

Joined: 16 Nov 2007 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
Nixon |
This post is not being displayed .
|
 Nixon Brolly Dolly

Joined: 23 Jun 2007 Karma :  
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
TechJinx |
This post is not being displayed .
|
 TechJinx Spanner Monkey

Joined: 16 Nov 2007 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
veeeffarr |
This post is not being displayed .
|
 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
sickpup |
This post is not being displayed .
|
 sickpup Old Timer

Joined: 21 Apr 2004 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
veeeffarr |
This post is not being displayed .
|
 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
map |
This post is not being displayed .
|
 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
veeeffarr |
This post is not being displayed .
|
 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
|
 Posted: 14:28 - 16 Jun 2008 Post subject: |
 |
|
Here's my letter:
Quote: | Dear Mr Bryant,
Re: Arai Viper GT (L)
On the 4th June 2008, I bought the above item from your firm, at a cost of £329.99 (Initial payment of £33).
On 12th June 2008, I noticed the following fault; The fabric seam along the “Chinbar Spoiler” is defective, resulting in the inner foam becoming exposed.
I complained to you about these faults on the 12th June 2008, and brought the helmet in for inspection on 16th June 2008. I was told that Phoenix Distribution would be contacted for advice as to what the next step would be. I received a phone call later in that day saying that I would have to bring my helmet back in, take a replacement, and then wait for my original helmet to be repaired.
I phoned back, and mentioned that as this would be of inconvenience to me, could I please exchange the helmet instead for a new one, as I am aware that the helmet has been taken from the public display area, and I am worried as to what further damage has occurred.
I was told this was not possible, as Phoenix Distribution would not exchange. I would like to remind you that under The Sale of Goods Act 1979, my contract is with you, and not Phoenix Distribution, therefore it is your responsibility to provide the exchange, and not Phoenix Distribution.
The Sale of Goods Act 1979 (as amended) requires you to sell goods which are of a satisfactory quality and fit for their particular purpose. The problem(s) described above indicate that the helmet did not meet these requirements. I therefore consider that you are in breach of contract and that I have the legal right to reject the goods and claim a full refund.
However, while fully reserving my rights against you under the 1979 Act, I am prepared to give you the opportunity to exchange my item without any charge to me. Please let me know what arrangements you are to make to carry out the repairs. If these exchange is not carried out within 7 days, which I consider a reasonable time, and up to a satisfactory standard I will reject the (item).
Or
I am therefore, requesting that you refund me the £33. which I paid for the goods within the next 14 days, and terminate the Finance Agreement with “Barclays Partner Finance”.
I look forward to receiving your response to this letter as soon as possible.
Yours faithfully;
|
Look good?  |
|
Back to top |
|
You must be logged in to rate posts |
|
 |
map |
This post is not being displayed .
|
 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
|
 Posted: 14:49 - 16 Jun 2008 Post subject: |
 |
|
Toby R wrote: | Here's my letter:
Quote: | ...Please let me know what arrangements you are to make to carry out the repairs....
|
Look good?  |
Think that bit is confusing as you're asking for replacement then talk about a repair. Either change repair to replacement as in Quote: | ...Please let me know what arrangements are necessary to replace the faulty helmet.... | or just remove the sentence.
Also is it either of these paragraphs? as there's an OR in there Quote: | ...However, while fully reserving my rights against you under the 1979 Act, I am prepared to give you the opportunity to exchange my item without any charge to me. Please let me know what arrangements you are to make to carry out the repairs. If these exchange is not carried out within 7 days, which I consider a reasonable time, and up to a satisfactory standard I will reject the (item).
Or
I am therefore, requesting that you refund me the £33. which I paid for the goods within the next 14 days, and terminate the Finance Agreement with “Barclays Partner Finance”. ... |
Could maybe try Quote: | However, while fully reserving my rights against you under the 1979 Act, I am prepared to give you the opportunity to exchange my item without any charge to me. If the exchange is not carried out within 7 days, which I consider a reasonable time I will reject the item.
If you are unable to exchange/replace the helmet I require you to refund me the £33. which I paid for the goods, within the next 14 days. Together with the refund I would also require you to terminate the Finance Agreement with “Barclays Partner Finance”, without extra cost to myself. |
Otherwise seems ok. ____________________ ...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?  |
|
Back to top |
|
You must be logged in to rate posts |
|
 |
veeeffarr |
This post is not being displayed .
|
 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
|
 Posted: 15:15 - 16 Jun 2008 Post subject: |
 |
|
Done, I'm such a pussy when it comes to my rights, not going to be walked all over again.
Don't think I'll be welcome at HG anymore though  |
|
Back to top |
|
You must be logged in to rate posts |
|
 |
KTM Gordo |
This post is not being displayed .
|
 KTM Gordo Brolly Dolly

Joined: 19 Sep 2006 Karma :   
|
 Posted: 16:01 - 16 Jun 2008 Post subject: |
 |
|
The secret to successful complaining is to be polite, unemotive and constructive. If you just winge, the retailer (or whoever) doesn't necessarily know what you're complaining about so can't really help you.
Make sure you're clear about what you believe to be wrong, why you think it's wrong, and what you would like them to do to put it right.
As soon as you lose your temper, swear or threaten someone you've lost.
The exception to the threat bit is if you've exhausted all the alternatives and you feel you need to Issue a Claim in the County Court - give them a last chance (and reasonable time to respond): once it goes to court you've both lost.
HTH - and best of luck
[FWIW, I would expect a replacement after such a short space of time] ____________________ Change is inevitable - except from a vending machine.
KTM 990 Adventure | KTM EXC 250 Racing | Land Rover Freelander SE Td4 |
|
Back to top |
|
You must be logged in to rate posts |
|
 |
iooi |
This post is not being displayed .
|
 iooi Super Spammer

Joined: 14 Jan 2007 Karma :    
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
veeeffarr |
This post is not being displayed .
|
 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
veeeffarr |
This post is not being displayed .
|
 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
Kickstart |
This post is not being displayed .
|
 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
map |
This post is not being displayed .
|
 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
|
 Posted: 11:26 - 21 Jun 2008 Post subject: |
 |
|
IMO you need to talk to trading standards again.
I had a situation with a mobile phone going wrong a bit back and the supplier tried quoting all sorts of legal stuff. Informed trading standards and they just said they'd got it wrong, or interpreted it wrong, so what they were saying wasn't valid.
Not saying that'll be the case here but checking will do no harm.
As said originally, one week before failure IMO does mean 'not fit for purpose' so all the talk of repair is just flannel.
Probably best contacting after the weekend. ____________________ ...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?  |
|
Back to top |
|
You must be logged in to rate posts |
|
 |
Type_Mo |
This post is not being displayed .
|
 Type_Mo World Chat Champion

Joined: 30 Jun 2004 Karma :  
|
|
Back to top |
|
You must be logged in to rate posts |
|
 |
Itchy |
This post is not being displayed .
|
 Itchy Super Spammer

Joined: 07 Apr 2005 Karma :     
|
 Posted: 10:46 - 22 Jun 2008 Post subject: |
 |
|
What you people still shop at HG? , I stopped shopping there a while back and prefer OYB , however OYB is full of ex dispatch riders running it and you go in for an oil filter and end up chatting about bikes and things for hours. ____________________ Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching. |
|
Back to top |
|
You must be logged in to rate posts |
|
 |
Old Thread Alert!
The last post was made 16 years, 351 days ago. Instead of replying here, would creating a new thread be more useful? |
 |
|
|