xtremeinn Broken unicycle after 2 weeks, no refund

[Hedgehog40]

My son purchaced a uncycle from www.xtremeinn.com.  He used it lightly in the garden for 2 weeks, whilst idling the crank snapped so it is unusable,  He contacted the company and they said he had to fill in a return request which he did, they then replied with

"Regarding your return request, we would like to inform you that we must reject any claim that excludes acceptance as a warranty case, if the defect is not due to a material defect, but is caused by improper or unusually frequent use.
Neither can we accept claims where the damages are considered to be caused by external influences (such as abrasions, sharp objects, excessive force applied, wear and tear, velcro etc.).If you are sure that none of the above mentioned causes applies, we may open a warranty process with the manufacturer, note though that in case the manufacturer rejects warranty, we would need to charge you on shipping costs and service/repair fees"

He replied that he just wants his money back as the item was not fit for purpose. They replied again...

"We kindly ask you to send the item(s) back in perfect conditions (unused, with labels, in its original packaging of the brand). Please don´t stick any label or tape on the original product packaging. (This is not applicable for items returned as defective, within the warranty period. In this case the item will be sent to the manufacturer to verify if the defect is covered by the manufacturer´s warranty)."

He replied that he wanted conformation he will get a full refund when they recieve the item back, not prepared to wait for them to send it back to the manafacturer whome I believe is in China. 

Now what? is he entitled to a refund?

 

[BankFodder]

We like details including date that he actually bought it and it was delivered to him. Did they provide him with all the information that they are obliged to do under the distance selling rules?

How much did he pay?

 

 

Also, how old is your son and what weight is he?

[Hedgehog40]

Ordered on the 22nd August

Delivered  5th September (didn't open for a few days)
Broke 24th Sep 
Cost £69.99 + Delvery.
He is 18 and weighs 200lb  (max weight for the unicycle is 250lb)

im not sure what informaton they provided him with in relation to distance selling rules, its the first item he has ever purchaced online.

Thank you

[BankFodder]

Please have a look at the distance selling regulations

 

[Hedgehog40]

I have looked at the distance rules on the gov site and the company appears to have abided by them. 

 

[BankFodder]

Actually I just gave you some legal advice about taking the claim – but an initial question should be – how did you pay? Debit card? Credit card?

[Manxman in exile]

Hopefully he paid by credit card.  I think it's a Spanish company so might not be straightforward any other way.  (Certainly debating the cause of the breakage in english might be fun going by the communication so far...)

[BankFodder]

They shouldn't bother about debating anything in any language.

I'm afraid that if he paid by credit card then because the value of the purchase is less than £100, he doesn't benefit from the protection of section 75 consumer credit act.

The ruling general is – less than £100, pay by debit card. More than £100, pay by either debit card or credit card – but credit card is probably better.

Maybe they can find out and let us know

[Hedgehog40]

He paid by debit card.
It is less than 30 days since he recieved it (delivered on the 5th).  But he has been trying to send it back since the 24th the day it broke but they firstly sent a message back appologising for him not recieving it so we had to explain again it was broken and we wanted a refund.

Edited October 2, 2020 by Hedgehog40

[BankFodder]

Okay, in that case the quick solution is probably to contact your bank and ask for a chargeback. Explain to them that the item broke and that the seller won't honour their consumer obligations and that you want a refund. Tell them that everything is in writing and that you have informed the supplier of the breakage.

Send a letter to the supplier and let them know that you're not interested in the warranty. You are only interested in your statutory rights under the consumer rights act and because of their clear intention to breach their consumer obligations, you have now made an application to your bank for a chargeback.

You should be able to get the chargeback fairly quickly. Let us know if there is any trouble. You can probably do it on the phone

[Hedgehog40]

Thank you so much for your quick replies and advice. I will help him get onto his bank first thing in the morning.

[BankFodder]

He sounds like a big boy. How tall is he?

[Hedgehog40]

He is 6' but still asking his mum to help sort things out.

[BankFodder]

Well I hope the crank arm didn't actually snap while he was riding it. If he'd been pushing down on that pedal and it suddenly went, it could have been quite painful!  

[Manxman in exile]

VERY painful on a unicycle...

[BankFodder]

By the way, if for any reason the chargeback is not available then we will help you sue the supplier

[Hedgehog40]

Thanks for all your help.  It took quite a few weeks but my son got his refund mid November.
 

[BankFodder]

Thanks for the update. Was this from the bank or from the supplier?

[Hedgehog40]

It was from the supplier.