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I want my f*cking money back - UPDATE: I Won :)

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silky666
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PostPosted: 18:36 - 12 May 2013    Post subject: I want my f*cking money back - UPDATE: I Won :) Reply with quote

So:
I (after much thought and consideration) I decided that I could not justify yet another £700 Arai (I have owned Arai all my biking life - some 30 years... I know, I dont look that old).
And went and bought a top of the range HJC RRpha 10+ (£250 ish) - It has all the fancy stuff like carbon and special linings and looks good etc.

Tried it on in the shop .. They fitted it for me .. and it fits fine.

Ridden it for 45 minutes ... and the lining presses on a certain part of my ear (the cartilage bit just above the earlobe) ... and after 45 minutes the pain is immense.
Starts off aching after 20 mins.. then becomes real pain ... then after 45 mins the pain is shooting across the top of my head.

Its unusable .... and if you look at the lining it does appear to be very thin around the ear part.

Now the shop said at the time "once its out of the shop you cant return it".
And I of course understand that they cant have people wearing the thing and then bringing it back.
BUT: To me its not fit for purpose.

I want to return it... they can then deal with HJC .. and i will pay some extra and buy a blimmin Arai.

What say ye ! Let the legal and violent department of BCF comment.

Thanks,
Uncle Silky
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Last edited by silky666 on 21:19 - 17 May 2013; edited 1 time in total
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.....
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PostPosted: 18:39 - 12 May 2013    Post subject: Reply with quote

I refer you to my reply in your original thread

Joe wrote:
I'm disappointed. Kept the receipt?


Now we have got the necessary unpleasantness done with, which shop is this?
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Howling TerrorOutOfOffice
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PostPosted: 18:41 - 12 May 2013    Post subject: Reply with quote

Using a series of G-clamps it's possible to reshape your deformed head.
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silky666
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PostPosted: 18:44 - 12 May 2013    Post subject: Reply with quote

Joe wrote:
I refer you to my reply in your original thread

Joe wrote:
I'm disappointed. Kept the receipt?


Now we have got the necessary unpleasantness done with, which shop is this?

P and bas*ard H
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There's nothing that shouts "Poor Workmanship" more than wrinkles in the Gaffa tape.

Gaffa tape is like "the force" - it has a light side, a dark side, and it holds the universe together.
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.....
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PostPosted: 18:48 - 12 May 2013    Post subject: Reply with quote

Right, an ill-fitting helmet is potentially dangerous. I therefore refer you to this

https://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_dangerous_or_unsafe_goods_e/if_goods_are_dangerous_or_unsafe.htm

They can say what they frickin like in the shop, such as "It's our store policy" etc, it matters not. The law is clear.

The helmet is not fit for purpose and is dangerous.

You need one more visit, speak to a manager. In fact, I'd email the manager and explain your situation. Then I would give them a chance to refund your money. If they fail to do so you need to give them Roger's "Letter before Action" at which point they'll most likely fold.

Failing that, Hetzer can brake fluid all their bikes.
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Rogerborg
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PostPosted: 19:47 - 12 May 2013    Post subject: Reply with quote

It's too tight in one spot? I'd just have the lining out and shave a touch off of the polystyrene with a hook knife or similar. The chances of it ever mattering are astronomical.
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Hetzer
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PostPosted: 19:49 - 12 May 2013    Post subject: Reply with quote

Rogerborg wrote:
It's too tight in one spot? I'd just have the lining out and shave a touch off of the polystyrene with a hook knife or similar. The chances of it ever mattering are astronomical.


Shh.
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ChrisJ
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PostPosted: 20:10 - 12 May 2013    Post subject: Reply with quote

I've done exactly as Rogerborg says above a number of times with lids that dont quite fit- remove the lining and just shave off a bit at a time- works perfectly!
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P.addy
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PostPosted: 20:13 - 12 May 2013    Post subject: Reply with quote

ChrisJ wrote:
I've done exactly as Rogerborg says above a number of times with lids that dont quite fit- remove the lining and just shave off a bit at a time- works perfectly!


Me also, but then again, it's my head and I care very little about myself to even show the slightest bit of worry about removing part of my safety net Laughing

As Joe says though, potentially dangerous, regardless of their unwritten faggotry you should be able to exchange or refund.
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Raffles
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PostPosted: 21:56 - 12 May 2013    Post subject: Reply with quote

Please forgive me if I have missed something or have failed to properly understand the situation.
My understanding is that you have ventured into a trader's premises and freely selected an item to purchase. You chose to purchase that particular item of your own free will. You weren't pressurised or put under any duress to buy that item. Your belated realisation that you have made a mistake and no longer like the choice that you made should not be a matter that concerns the retailer.
You chose to buy that lid and you should accept responsibility for your own error of judgement.
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Last edited by Raffles on 21:58 - 12 May 2013; edited 1 time in total
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Old Git Racing
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PostPosted: 21:57 - 12 May 2013    Post subject: Reply with quote

Get real, its like saying a tie you bought is too tight round your neck. The helmet is fit for purpose by legal definition, your head probably aint. Just go buy another Arai, you get what you pay for.

OGR
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Chinaboy
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PostPosted: 01:59 - 13 May 2013    Post subject: Re: I want my f*cking money back - Hired 'muscle' considered Reply with quote

silky666 wrote:


Tried it on in the shop .. They fitted it for me .. and it fits fine.


Case closed really
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Irn-Bru
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PostPosted: 03:30 - 13 May 2013    Post subject: Reply with quote

£700 for an Arai Shocked I paid £300 for my Arai Axces and that stung Razz

I have a cheap helmet I use for work and back that is just like you describe. Fine for the first hour or so, but after that it feels like my head is going to explode! Whereas with my Arai I can wear it all day long.
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Fnatic
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PostPosted: 05:49 - 13 May 2013    Post subject: Reply with quote

I am still rocking an Arai lid I got given for free. It's from 1999 and it starting to fall apart. Can you get spares for old Arai lids?
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P.addy
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PostPosted: 05:51 - 13 May 2013    Post subject: Reply with quote

Fnatic wrote:
I am still rocking an Arai lid I got given for free. It's from 1999 and it starting to fall apart. Can you get spares for old Arai lids?


Would you really want to, nearly 14 years old, I'd be surprised if your head was anything but a walnut after an accident Laughing
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FriendlyEllis
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PostPosted: 07:18 - 13 May 2013    Post subject: Reply with quote

I have one if these helmets and find it really comfortable.
I had a thought.

The end of the strap inside the helmet (not the buckle end) isn't folded back on itself under the lining is it?

This would explain the pressure on just the one side.

Worth a check
.


Last edited by FriendlyEllis on 07:21 - 13 May 2013; edited 2 times in total
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Scotsman37
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PostPosted: 07:19 - 13 May 2013    Post subject: Reply with quote

Ok, you tried it one and you liked it and after leaving their premises and within 45 minutes of using it you found it no longer fitted you as it did before, but hold on you stated it fitted fine?

If you had found a fault developed in say the mechanism of it then you could have taken it back that it had become faulty and as he being the retailer could have sent it back to the wholesaler to get a refund/replacement and so on the manufacturer would have taken it back in good faith to investigate. Problem is it's just a fitting problem which should have been detected prior to purchase to check if it fitted snugly on your head which it did.

Sorry, but you haven't got a leg to stand on with this because they know that you tried it on to verify it did fit you before finally buying it - case closed! What did you do just put it on for sec or two, but you should have tried several different makes because not everybody's head is the same shape that is why we try before we buy to make sure it fits.

You've only worn it for 45 minutes and so wear it for longer even around the house because it's just like wearing a pair of hiking boots you have to break them in overtime over the 2/3 weeks and so hopefully this will happen with your helmet's internal foam as overtime it will confirm to the shape of your head's ears?

https://nerdapproved.com/wp-content/uploads/2008/08/motorcycle_helmet_ears.jpg
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supZ
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PostPosted: 08:39 - 13 May 2013    Post subject: Reply with quote

Raffles wrote:
Please forgive me if I have missed something or have failed to properly understand the situation.
My understanding is that you have ventured into a trader's premises and freely selected an item to purchase. You chose to purchase that particular item of your own free will. You weren't pressurised or put under any duress to buy that item. Your belated realisation that you have made a mistake and no longer like the choice that you made should not be a matter that concerns the retailer.
You chose to buy that lid and you should accept responsibility for your own error of judgement.


utter tripe.

sales of goods act still applies.

if after a short period of use it becomes painful to wear it is not fit for purpose. if it is not fit for purpose the store MUST take it back for a FULL refund.

n.b. your contract is with the store you bought it too, so don't accept any guff about contacting the manufacturer. that's the store's issue not yours. you dealt with the store, they sold you an item that is not fit for purpose, and must accept it back.

that said, i do kind of agree with the above in that it will 'give' over time and become more comfortable, or you can push in/shave off the offending bit to make it more comfortable. as long as it still fits snugly there won't be any safety issue. my comments above are relevant mainly if it is REALLY painful/uncomfortable and an obvious flaw
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Sload
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PostPosted: 08:55 - 13 May 2013    Post subject: Reply with quote

Rogerborg wrote:
It's too tight in one spot? I'd just have the lining out and shave a touch off of the polystyrene with a hook knife or similar. The chances of it ever mattering are astronomical.


I might try that on my lid, I always get sore ears after extended periods. I thought it was just a 'biking thing' that nobody moaned about.
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Raffles
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PostPosted: 10:40 - 13 May 2013    Post subject: Reply with quote

supZ wrote:
utter tripe etc

The above post, by supZ, is another example of how a lot of information offered on 't'net is bullshit and should be taken with a pinch of salt.
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silky666
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PostPosted: 10:59 - 13 May 2013    Post subject: Reply with quote

Raffles wrote:
Please forgive me if I have missed something or have failed to properly understand the situation.
My understanding is that you have ventured into a trader's premises and freely selected an item to purchase. You chose to purchase that particular item of your own free will. You weren't pressurised or put under any duress to buy that item. Your belated realisation that you have made a mistake and no longer like the choice that you made should not be a matter that concerns the retailer.
You chose to buy that lid and you should accept responsibility for your own error of judgement.


You are forgiven my child ... but yes you have missed something and fail to understand. I suspect you are yoof and still enjoy weekly sex with your partner (male or female, I dont judge a bumder !)

Hopefully the below will answer the "man up you poof" critiques.. or the "what do you expect you nonce" comments.

1) The pain is immense. Not just very uncomforatable.
Now I know everyone has differing pain levels.. but to put it into context, I once jemmied out a tooth with a knife after suffering for weeks with pain while backpacking (no medical support).. I know about pain.
This pain caused by the helmet actually stops me riding. It becomes like a migraine after 45 minutes.
Never had it before with any helmet.
It has to be a bad design.

2) I dont think it was error on my part.
I walked into a shop and was told " dont go Arai because of the cost, why not try this helmet of equal standards but cheaper ".
Yes it fitted safety wise.
Yes it felt fine.
But I had not way to testing it for its full purpose.. ie: riding for over an hour at a time.
Its not suitable to what it was sold for.

I DO undertsand the shops stance.... and if i was a shop I would be saying the same thing.
But there are consumer rights in place to protect us.
I am not skint but like to spend my money carefully (born up north).
The shop is a mult million pound company ... surely they can let me return the helmet ... then buy a £700 Arai from them !

I am going to give it a go anyway - and will keep you updated on the outcome.
Either way I will be owning an Arai by the weekend Smile (aaaah! welcome back old slipper)
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There's nothing that shouts "Poor Workmanship" more than wrinkles in the Gaffa tape.

Gaffa tape is like "the force" - it has a light side, a dark side, and it holds the universe together.
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Doovy
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PostPosted: 11:09 - 13 May 2013    Post subject: Reply with quote

Oh Crying or Very sad
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J0Al1
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PostPosted: 11:12 - 13 May 2013    Post subject: Reply with quote

Oh dear Sad

How much have you used it?

My new (last year) Shoei was FUCKING agony for my first ride of hour and a half. I could hardly concerntrate with the skull crushing pain.

Second ride, was a little tight, a bit uncomfy.. Now it is very comfy and lovely...If anything too big (I need even fatter than the alreayd fatter cheek pads).

No way, would not have been able to continue using it if it still hurt like the first ride.

It was fitted for me, they said, fraction too big if anything...

Shoei XXS
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Raffles
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PostPosted: 11:13 - 13 May 2013    Post subject: Reply with quote

silky666 wrote:
I suspect you are yoof and still enjoy weekly sex with your partner

I wish Laughing
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Hetzer
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PostPosted: 11:29 - 13 May 2013    Post subject: Reply with quote

My AGV gave me quite serious head-achey pain across the top of my forehead for a while but it went away after a few rides. Pinched/crushed cartilage is another matter though, it's not robust enough to break the lining in. And trimming with an implement should not have to be an option.
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