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Just check my thinking here for me please.
Bought a saddle from a mail order company. Saddle starts coming apart after 5 weeks so contact is made and a return sorted out.
Had confirmation it had been received and was going to the technical department for assessment. Further email to tell me its gone back to the supplier for a warranty inspection. I'd asked for a refund on the returns slip
It was received back on the 29th of September and despite chasing it up I've heard nothing.
I know my contract is with the mail order company, I thought I was within a timeframe where it should be replaced/refunded without the need for a supplier warranty inspection? the issue is clearly a manufacturing one. I get companies are working a bit slower at there moment but this seems to be dragging out a bit, I would have thought they would sort me out and then take it up with the supplier themselves
Can I in my next contact insist on a refund now?
Ta in advance
Five weeks is within six months so the fault is deemed to be inherent unless they can prove otherwise, any shorter timeframes where you had more rights have passed.
In the first instance they can choose to repair / replace, you do not have rights to a refund unless they've tried this once and failed. However, they have to do this without significant / unreasonable inconvenience to yourself. If they've (sorry) sat on it for a fortnight then I'd argue that they've fallen foul of this and I would be pushing them to either put an acceptable timescale on when they expect you'll be able to get your purchase, or refund if they can't.
Your contract is indeed with the mail order company and anything beyond that is their problem. If they decide to sent it to the manufacturer, use it as an attractive wall hanging or set fire to it then good luck to them but that's nothing to do with you. THEY must supply YOU with the goods you've bought, anything else is whataboutery.
As I've said many times on here, I've had good mileage from the phrase "to be clear, can you please confirm in writing that you're refusing to honour my statutory rights?" Whenever I'd deployed that they've always folded faster than the Speed Origami world champion.
Cheers cougar,
exactly what I needed!