Hi

I am not sure I am posting in the right section so apologies in advance.

I bought a humanoid robot, ordered in May (2017), received June.

It developed a fault in July after general setup.

Contacted the reseller I bought it from and he advised me to send the robot back to the manufacturer in Paris.

I logged a support call with the manufacturer

they went through the process of checking,

asking me to do various things including sending them videos of the fault which they eventually confirmed that it needed to be returned for repair.

I thought nothing of it

(I now realise, I should have requested a refund or replacement -as it was within 30 days).

I paid the courier service to return the robot to Paris

after nearly a month the robot was returned,

with nothing to indicate what had been done to it

or what the problem was with it.

I sent an email asking this question

had no response from the support department.

Please note that the robot is an essential part of my work as I teach robotics and run workshops

during that time I had to cancel my bookings and shift things around a bit until I got it back.

Since the robot's return in September,

I have had a number of deaths in my family so had not spent much time using the robot.

I used it to create a programme which I could not finish because of the family issues.

Everything seemed ok when I did use it although a couple of occasions displayed the same issue it had gone for repair for.

As it wasn't significant I had ignored it.

A couple of weeks ago I was at a meeting with a large company who offered me some consultancy work where they were interested in running a project with my robot, I decided to create a programme to use as a demonstration for them.

In doing so the robot started demonstrating the original fault

this time worse than before

(problem with the motors which caused it to constantly crash).

I videoed this as best as I could whilst holding it so as not to damage it.

I contacted the reseller and demanded from him to sort out the issue between him and the manufacturer as my contract was with him and not the manufacturer.

He agreed to sort things out on my behalf.

He did this ensuring that I was copied into all emails.

I had explained the problem and requested a replacement,

sent the videos I had recorded.

The manufacturer wanted details of the previous return,

which I supplied,

only for them to respond saying that when the robot went for repair,

I had not supplied them with detailed information of the problem (which I had)

they had only checked the robot and it was fine so sent it back.

They also refused my request of a replacement robot however, offered to collect and repair at their expense.

I responded to their email explaining as above and the fact that I was not happy about not being offered a replacement and gave them details as to when they can collect the robot for repair.

my anger, I decided to search online for my legal position and realised that the reseller is the one who should be offering me a replacement or full or partial refund.

The reseller has simply said to me in an email that I should deal with the manufacturer direct and he will help me where he can.

I realise that I should have had this info when the first fault occurred,

then I would have been able to demand the refund or replacement.

We are now approaching 6 months since I received the goods following my order.

Please can someone help me deal with the reseller as I believe that he is responsible as he was paid for the robot and not the manufacturer.

I stated in my last email both of them that I was not happy with them refusing to replace the robot and that I did not feel confident that the matter would be properly resolved since they didn't repair it despite me clearly indicating what the fault was.

Are there any strongly worded letter templates I could use,

or is this a matter for the small claims court against the reseller?

I have also asked who is going to pay for my loss of earnings since the robot has not been fit for me to use as I should?

Any help would be greatly received!

Thanks

JS

Sorry for such a long post.

onus is on teh retailer to replace and refund. Not you to go to the manufacturer. Who is the retailer.

I would accept the manu offer of a repair

but this time ensure they are aware of the issue.

poss tape a penstick to the things with Videos of what is does [not] do

and your programming routines so they can test themselves.

THEN if that fails go after the reseller,

Thank you for your speedy reply.

A tech company called NCI Technologies.

They have been supportive but I feel not enough.

They have acknowledged to the manufacturer that the fault was there from point of purchase.

I have a log of all communications including the exchange before the robot was sent back the first time.

I almost feel powerless but to send it back

also feel I should at least write a strongly worded letter to the reseller reminding them of their responsibility in all of this.

The robot was not cheap but worth the investment due to the fact that it would enhance my teaching work.

since purchase I have not been able to use it in any of the teaching activities I purchased it for.

I have a potential of work with a major Cloud Tech company

now I can't do the demos I said I would do before our project starts as soon as schools open in the New Year.

I am afraid that it goes back for repair and I end up in the same situation again with a robot that does not work properly.

I feel I have been too trusting!

I am still trying to get my head around the Consumer laws of 2015 but need help with writing a letter to the reseller so that he cannot say later that he is not responsible.

Thanks again!

JS

Well I'm sorry to say that very unusually I'm going to disagree with the advice offered by site team member DX100UK

This matter is absolutely the responsibility of the reseller and they should not be allowed to try and pass the buck. Furthermore, you are being urged to deal with it outside the UK so that if you eventually have any problems or disputes about it then you will have to do address it under French law with a French manufacturer. You can take it from me (and believe me I know about these things) that the French reputation for reluctance and poor customer service and denying liability is well deserved.

I would write to the reseller and demand an immediate refund. Tell them that you have already drawn the fault to their attention within the first six months and they have opted to refer you to the manufacturer for a repair. You have done this and the repair has failed and so now under the Consumer Rights Act you are invoking your right to a refund and that's what you want. If you want replacement than tell them that you would be prepared to accept a suitable replacement but this has to be without any delay.

I understand also that you have incurred various losses. I don't think any loss of earnings will be recoverable – unfair as that might seem – but I do think that the expenses of having sent the item to Paris are completely recoverable from the reseller.

Do not be fobbed off. Keep your dispute with the reseller. It is up to them to take it up with the manufacturers in Paris – if they want.

You haven't told us about the value of this item or the value of your losses.

Also, I understand that you may have bought this as a business rather than as a consumer. Is that correct? If this is the case then if you have to bring a legal action then it will have to be in the defendants local court – not yours. I would suggest that you start reading up about how to bring a small claim in the County Court. It is extremely easy and on the basis of what you have told us here, your chances of winning are much better than 95%. You will also be able to sue for your losses – but probably not loss of earnings although you could include that in the claim if you wanted – why not?

Apart from the practical reasons and the legal reasons for advising you to keep this strictly with the reseller, there is an ethical reason also. Where resellers are able successfully to fob their customers off onto manufacturers, it acts as a disincentive to resellers to put pressure directly on the manufacturers themselves to make sure that the items they are manufacturing and supplying are of good quality. If the reseller is held to his responsibilities here then he will be more careful about buying from that supplier in the future or if he does, he will put more pressure on the manufacturer to get it right the first time – and also to be more responsive and more customer facing. Believe me, French manufacturers and suppliers need this lesson more than many others in Europe.

Just to add, I see that you have been with us since 2006. I'm sorry that you have been here so long but haven't thought to come to us much earlier. I expect that you will do the next time.

Also, what is the name of the reseller? They're trying hard to keep themselves out of the frame – but you may as well name them here.

Was this bought from an ebay reseller or a High St shop?

A tech company called NCI Technologies

So sorry I have not responded earlier. I had two family funerals so have been consumed.

I must admit, I did forget about the forum and was reminded by a popup during my search for advice hence my initial post.

I will remember in future!

Before the last funeral last week,

I rang CAB Consumer rights,

who helped me draft a letter stating that I would reject the offer of a second repair since the 2015 Act meant that I didn't have to accept the 2nd repair.

I am usually good at having all my rights at my finger tips but hadn't on this occasion (consumed by family events).

The letter I sent via email seems to have done the trick.

The seller was not from Ebay but a tech company and he has accepted all responsibility and has offered me a new robot despite initially sending me back to the manufacturer.

At my previous work,

I purchased 3 of these robots

(from another tech company- both I deal with all the time),

so know extensively how they work and have been using and teaching with them since 2013,

this was the first time one had gone wrong within the first month of purchase.

they sent a courier to collect the faulty robot on Friday to return to Paris and received notification yesterday of the replacement robot on its way to me.

I had demanded a new replacement robot as I have a project booked for early in the new year.

Sadly there is only one manufacturer of this particular robot although different resellers so didn't want to get a refund.

I will read the info on making a small claim in the county court as it will be useful as I may need to claim for the cost for the first postage return back to Paris and other losses etc.

Thank you all for your advice and support.

I will definitely come back here first if I have any such issues again (hopefully it won't happen again!)

Wishing you all a very merry Christmas and a very productive New Year!

-JS-

hey its nice you got a result.

have you approached directly either 'party' about your expenses to date and being out of pocket?

dx

Yes, I have asked both the question about my losses and await a response.

-JS-