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Arai Problem

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veeeffarr
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PostPosted: 13:26 - 15 Jun 2008    Post subject: Arai Problem Reply with quote

Hi guys,

I've had my Viper GT about a week, and I've noticed that already on the pull down chin flap, the stitching on the material has come apart, exposing the inner.

I bought it from Hein Gericke, and they gave me the one off of the shelf (They told me they only had had it in for a little while, I had no reason to disbelieve them)

What can I reasonably expect back from them? A new, boxed lid? A repair? A refund? I'm unsure of what to ask for when I take it back in.

They practically accused me over email of mishandling the helmet.

T
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bs16
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PostPosted: 13:37 - 15 Jun 2008    Post subject: Reply with quote

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.
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Nixon
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PostPosted: 14:34 - 15 Jun 2008    Post subject: Reply with quote

take it back with the blue service card they should have given you and the receipt and show them, see what they say, they may want to send it back to phoenix but it should be covered by the 5 year warranty.


if you want to know exactly how old your helmet is then flip it upside down and look for the orange tag on the chin strap, that gives the date manufactured.
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Finglonga
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PostPosted: 15:14 - 15 Jun 2008    Post subject: Reply with quote

I would never have a helmet off the shelf, I have seen people drop them so many times on the floor then just lob them back on the display.

Even if its a brand new helmet I would take it back, they shouldn't split after such a short time. Was the display in the sun in the shop?
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veeeffarr
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PostPosted: 15:20 - 15 Jun 2008    Post subject: Reply with quote

Finglonga wrote:
I would never have a helmet off the shelf, I have seen people drop them so many times on the floor then just lob them back on the display.

Even if its a brand new helmet I would take it back, they shouldn't split after such a short time. Was the display in the sun in the shop?


Nope, not in the sun, I didn't think anything of having one off of the shelf, as they kinda acting like it was the normal thing to do, but yeah, I think I should've definately got a boxed new one.

As I said, the manager of HG practically accused me of mishandling the helmet.
T
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iooi
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PostPosted: 17:01 - 15 Jun 2008    Post subject: Reply with quote

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.
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veeeffarr
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PostPosted: 17:45 - 15 Jun 2008    Post subject: Reply with quote

Didn't get a discount mate. T
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TechJinx
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PostPosted: 18:08 - 15 Jun 2008    Post subject: Re: Arai Problem Reply with quote

Toby R wrote:
they gave me the one off of the shelf (They told me they only had had it in for a little while, I had no reason to disbelieve them)


Never take anything that's a display model unless you're getting a reasonable discount. That applies to everything you buy not just bike gear.

You'll get a full refund/replacement if you have the recept (or you should anyway - if they try to be awkward make a fuss)
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Nixon
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PostPosted: 18:15 - 15 Jun 2008    Post subject: Reply with quote

well it is a normal thing to do, no one will buy one if they cant see or try it and why would a shop willingly be stuck with a £330 helmet on the shelf when they can sell it, think your making a bit of a mountain out of a mole hill do you go to tescos and ask to have carrots from the stock room as someone may have man handled them?
and what about dealers that return last years unsold stock to the supplier who then sell it onto another dealer?

Toby did you find out when it was manufactured?
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TechJinx
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PostPosted: 18:26 - 15 Jun 2008    Post subject: Reply with quote

nixon wrote:
why would a shop willingly be stuck withdepretion a £330 helmet on the shelf when they can sell it,


Any shop worth it's money will do this - taking the depreciation hit of display models is one of the number of reasons why high street is more expensive then the internet. (Especially a big name retailer like HG)

And the Tesco analogy is daft
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bikes: SV650S K5 that is making me do this Very Happy 57 CBR125 RW-7 - sold ; 54 CBR125 - anyone wanna buy a project?

YOU ONLY NEED TWO TOOLS IN LIFE - WD-40 AND DUCT TAPE. IF IT DOESN'T MOVE AND SHOULD, USE THE WD-40. IF IT SHOULDN'T MOVE AND DOES, USE THE DUCT TAPE.
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veeeffarr
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PostPosted: 19:29 - 15 Jun 2008    Post subject: Reply with quote

nixon wrote:
well it is a normal thing to do, no one will buy one if they cant see or try it and why would a shop willingly be stuck with a £330 helmet on the shelf when they can sell it, think your making a bit of a mountain out of a mole hill do you go to tescos and ask to have carrots from the stock room as someone may have man handled them?
and what about dealers that return last years unsold stock to the supplier who then sell it onto another dealer?

Toby did you find out when it was manufactured?


got an orange label on the chin strap.
says this:

E4

and on other side

P-0595006
0310510

One of them the date?
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sickpup
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PostPosted: 23:42 - 15 Jun 2008    Post subject: Reply with quote

nixon wrote:


and what about dealers that return last years unsold stock to the supplier who then sell it onto another dealer?



You can't return stock generally.
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veeeffarr
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PostPosted: 13:02 - 16 Jun 2008    Post subject: Reply with quote

Just spoke to HG

They said they can't do a refund, and they'll give me a loan helmet from Phoenix, and send mine back to Phoenix to have the Chin Curtain replaced.

Not really happy with this, so I am checking with trading standards as to what my rights are.
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map
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PostPosted: 13:14 - 16 Jun 2008    Post subject: Reply with quote

Toby R wrote:
Just spoke to HG...
Not really happy with this, so I am checking with trading standards as to what my rights are.

Your contract is with the shop, not the supplier.
So HG should give you a replacement, it's their responsibility.

I'm sure trading standards will tell you this but items have to be 'fit for purpose'. A helmet lining coming apart after a week doesn't fit this description. It doesn't even come close to 'fair wear and tear', which is often used as another get-out clause.

Trading standards will also tell you to put the complaint in writing. Describe the fault and what you want done about it, i.e. replacement not repair. Send the letter to the store manager the recorded guaranteed next day delivery (cost 'tween £4 & £5). Only after you have done this does the complaint become 'official' rather than just a chat.

Doing a quick google came across these letters which you can use as a template. Suggest you look at the 'Rejecting faulty goods' one. Change the paragraph offering to have it repaired with offering to accept a new replacement.

HTH Thumbs Up
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Last edited by map on 14:36 - 16 Jun 2008; edited 1 time in total
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veeeffarr
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PostPosted: 14:28 - 16 Jun 2008    Post subject: Reply with quote

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? Smile
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map
Mr Calendar



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PostPosted: 14:49 - 16 Jun 2008    Post subject: Reply with quote

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? Smile


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.
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veeeffarr
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PostPosted: 15:15 - 16 Jun 2008    Post subject: Reply with quote

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 Smile
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KTM Gordo
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PostPosted: 16:01 - 16 Jun 2008    Post subject: Reply with quote

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 Smile

[FWIW, I would expect a replacement after such a short space of time]
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iooi
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PostPosted: 18:31 - 16 Jun 2008    Post subject: Reply with quote

map wrote:
Send the letter to the store manager the recorded guaranteed next day delivery (cost 'tween £4 & £5). Only after you have done this does the complaint become 'official' rather than just a chat.


Recorded delivery is 72p+ std postage.
1st class should arrive next day and its signed for so you have proof of delivery.
No point wasting £4.60 on a letter of complaint when you get the same for £1.02 apart from the guarantee of next day delivery, but even that has cop out clauses.
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veeeffarr
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PostPosted: 14:10 - 17 Jun 2008    Post subject: Reply with quote

Well I've sent the letter, all I have to do now is wait...

This is the managers email to me when I first emailed them about the problem:

Quote:
Hello,

The chin skirts should never split,the only way damage could be done to these is when you pick the helmet up by the skirt,or you pull the skirt to hard causing damage,you will have to bring the helmet into us and we will have a look at it for you.

thanks
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veeeffarr
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PostPosted: 10:46 - 21 Jun 2008    Post subject: Reply with quote

Their reply, I don't understand the bit in bold?

Dear Mr Xxx

On behalf of: (Store Manager)

Thank you for your recent communication.

In regard to your warranty claim, it is my understanding from my colleagues in our shop in (Location) that, after consultation with the UK Distributors for Arai Helmets, the issue you raised can be resolved by replacement of the chin curtain.

(Shop) reserve their right under recent Supply of Goods and Services Acts by the Supply of Goods and Services to Consumers Regulations to resolve this issue by the replacement of the existing chin curtain with a new chin curtain. This course of action has been chosen due to the "disproportionate cost" or providing an exchange, an action a retailer is legally entitled to take. This will in no way compromise the safety and/or integrity of the helmet and ensure that the helmet meets all appropritate safety requirements and be fit for purpose. If the above action does not meet this criteria an exchange will be offered.

I hope this meets with your approval and I await your decision.

Yours sincerely

Customer Services Manager.
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Kickstart
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PostPosted: 11:11 - 21 Jun 2008    Post subject: Reply with quote

Hi

Think they are just saying that they think that replacing the chin guard doesn't mean the lid is any less safe, but should this not be the case then they will will replace the lid.

All the best

Keith
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map
Mr Calendar



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PostPosted: 11:26 - 21 Jun 2008    Post subject: Reply with quote

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.
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Type_Mo
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PostPosted: 10:30 - 22 Jun 2008    Post subject: Reply with quote

sounds like HG are doing the right thing by getting it fixed. They have a sign in store saying helmets are non refundable, and thats a rule from like 99% of shops.
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Itchy
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PostPosted: 10:46 - 22 Jun 2008    Post subject: Reply with quote

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.
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