Advice, and or, opions please.

[prr]

I bought a megavolt from a well known UK vendor on the 7th January, it arrived very promptly and I was happy with the purchase and device. Unfortunately today it completely died between puffs, did all the usual stuff ie. trying to turn on again, charge the internal battery in case it had discharged, factory reset, but nothing bought it back to life.

Contacted the vendor with a very reasonable email because after all it's not their fault the device went t.ts up. Received a very prompt reply (within 5 minutes) asking me to send it to a repaiir centre where it would be checked, repaired if possible, or replaced if knackered.

Now am I being unreasonable, but I resent being told to send a one week old device to a repair centre for repair/examination at my expense. Am I right in expecting the vendor to simply pick it up and replace, the device has not been abused in any way, not dropped, not knocked over and used well within the limits of the devices specs (I vape at 18.5w)

Your comments and advice will be appreciated, thanks Paul.

[Deleted]

No i would say you are well within your rights to ask for a new one or your cash back mate.
I know i would not be happy with a reply like you got from them.

[Greg]

I'd give the vendor a call.

[glen]

I would be asking for a replacement, as the original could be described as unfit for purpose, I appreciate that things can sometimes be faulty, and I don't know how you stand regarding consumer law, and vendors do have different terms and conditions, but I definitely wouldn't be happy about it just being repaired, thats my opinion anyway, and I hope you get it sorted.

[yourgurnard]

I agree with You.
I'd be checking at a C.A.B. re. what the Law said, sale of goods act, 'of merchantable quality' etc etc.
Problem is, it all takes time don't it!
G/L

[Perpetua]

Are they a registered Forum Vendor prr? You don't have to say publicly if they are . . . . but all our Vendor's are expected to met CCR regulations:

www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations?awaid=5913&awpid=85386&awpsn=VigLink+Inc&awppt=Editorial+Content&awcid=iy0h7w35et0004m601ugc&id=85386&awc=5913_1484594475_e3eec7b379abcb3c788425ffcf92c5bb&source_code=314AGJ&utm_medium=affiliate&utm_source=affiliate_window&utm_campaign=generic

In your case specifically:

Returning faulty goods

If you receive faulty goods and wish to return them, the Regulations are in addition to your other legal rights.

So, if your goods are faulty and don’t do what they're supposed to, or don’t match the description given, you have the same consumer rights under the Consumer Rights Act (which replaces the Sale of Goods Act from 1 October 2015) as you have when buying in store.

Any terms and conditions that say you must cover the cost of returning an item wouldn’t apply where the goods being returned are faulty.

Which regardless of their forum status is what you should expect in the case of faulty goods . . . . have you taken a look at their T&C's out of interest.

[ghostrider1971]

Perhaps you could suggest they (vendor) send it back to the service centre BUT after they (vendor) have sent you a replacement?

Being offered a "repair" on something you have bought new seems very unfair.

As above merchantable quality/fit for purpose?

[TJ]

Your contract is with the vendor you bought it from, not the manufacturer and therefore you return it to the shop for a full refund or replacement (new) and they in turn have to return it at their expense. Simples and they are extremely norty thinking they will get away with anything other than that I'm afraid

[bunglebear]

i work in retail (vape) and if a item is faulty within 28 days we will replace or refund. After this it is down to the manufacturer (usually 60 days from purchase)

It doesnt seem right that they are offering a repair...if they agree its faulty you are entitled to an exchange (for same or other) or full refund

threaten with legal action if they dont do right by you

[djs]

Jan 16, 2017 19:43:06 GMT bunglebear said:

threaten with legal action if they dont do right by you

I agree. However (and it's a big however) although I have done this, I tend to see the stress and time of writing a 'possibly empty threat' letter as not worth it.

In this case, I would pay to send it back and keep your fingers crossed. Maybe it's totally fubar'd. In which case, you get a new one.

Sometimes, you can cut off your nose to spite your face. For a £50 item it's a no-brainer.

For a £500+ expense, you go to court. Mostly companies don't bother to defend themselves (more expensive to hire legal representation than pay out)... so you win.

Then most ignore the court. Then it gets even more messy and stressy.....

My neighbour spent 19 months pursuing a national company. I wrote off the whole thing.

He got £17.50 last week as (out of court) compensation. Poor bloke. What a waste of time and energy.

Some things are not worth the bother.

[yourgurnard]

Jan 16, 2017 19:25:41 GMT Perpetua said:

Are they a registered Forum Vendor prr ? You don't have to say publicly if they are . . . . but all our Vendor's are expected to met CCR regulations:

www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations?awaid=5913&awpid=85386&awpsn=VigLink+Inc&awppt=Editorial+Content&awcid=iy0h7w35et0004m601ugc&id=85386&awc=5913_1484594475_e3eec7b379abcb3c788425ffcf92c5bb&source_code=314AGJ&utm_medium=affiliate&utm_source=affiliate_window&utm_campaign=generic

In your case specifically:

Returning faulty goods

If you receive faulty goods and wish to return them, the Regulations are in addition to your other legal rights.

So, if your goods are faulty and don’t do what they're supposed to, or don’t match the description given, you have the same consumer rights under the Consumer Rights Act (which replaces the Sale of Goods Act from 1 October 2015) as you have when buying in store.

Any terms and conditions that say you must cover the cost of returning an item wouldn’t apply where the goods being returned are faulty.

Which regardless of their forum status is what you should expect in the case of faulty goods . . . . have you taken a look at their T&C's out of interest.

There Ya go!.....Who needs the CAB?!