Returning faulty go...
 

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[Closed] Returning faulty goods and refund help EU.

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Hi,

Just looking for a bit of advice please, if anyone knows about returning defective goods to Germany.....

I bought a pair of Northwave X-Cross GTX boots on sale for £103 and after one ride they started to fall apart. I contacted them and sent them photos and they said send them back via their returns, and they would look at them. Said they may be professionally repaired. I said that I would prefer a refund or new pair, but I know they don't have any stock left.

I'd rather just buy a new pair of boots as I'm gonna be without them for a while, and it's bloody cold and wet out there. Cold wet feet every day is not good....

They've been received back by them which they have confirmed but I've not heard anything since about refund or repair.

Does anyone know if I can demand a refund, or am I stuck with repair because I've worn them?


 
Posted : 02/12/2019 1:21 pm
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No you can demand a refund if you think the items are not fit for purpose. Can’t imagine it would be cheaper for them to repair them than to replace/ give a refund tbh.


 
Posted : 02/12/2019 1:30 pm
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I've emailed again and stated I would like a refund. Unfortunately info in the link below says that they can repair or replace before refund. It was only a minor split but I can imagine it'll happen again....

https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm

I'll see what they say, hopefully they take pitty on my feet.....


 
Posted : 02/12/2019 1:36 pm
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Who did you buy from?


 
Posted : 02/12/2019 1:38 pm
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Alpine Trek.


 
Posted : 02/12/2019 1:41 pm
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Consumer rights act 2015
Sections 9,10,19 & 20

Had them less than 30 days, reject & refund.


 
Posted : 02/12/2019 2:08 pm
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@Phil_H

Does that still apply if i've worn them though?

I will start reading it I promise....


 
Posted : 02/12/2019 2:44 pm
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If they started to fall apart on the first ride then you can argue that they are not fit for purpose (section 10) and you want your money back.
You can't be sure that they are fit for purpose without using them for their intended purpose.


 
Posted : 02/12/2019 2:59 pm
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Yeah thats sounds fair enough. I'll see what they say if they reply to my last email and go from their.

Don't want to rubbish them thought as price and delivery were very good and their communication has generally been good. They've said they would repair, just haven't actually answered my questions about refunds yet...


 
Posted : 02/12/2019 3:02 pm
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"Consumer rights act 2015
Sections 9,10,19 & 20

Had them less than 30 days, reject & refund."
Thats not going to apply for Germany though.


 
Posted : 02/12/2019 4:11 pm
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Ah, didn't clock it was a German site. Googled alpine treks and it came up with a .co.uk address.


 
Posted : 02/12/2019 6:25 pm
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Isn't it wonderful that the UK is still a member of the EU. Article 6(1) of Rome I Regulation effectively specifies that for a contract concluded between a consumer in 1 member state and a business in another, the law of the country where the consumer has their habitual residence will apply. (The retailer satisfies the requirement laid out in said regulation). You are a consumer and in the UK, therefore, you can rely on the provisions within the CRA 2015. (The CRA 2015 is a UK wide piece of legislation).

So reject as not fit for purpose, not of satisfactory quality, not durable etc etc and seek your refund, if within the allotted time period.

Hopefully, you will get somewhere without having to forcefully assert your rights.


 
Posted : 02/12/2019 7:44 pm
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Cheers koogia. I'll see what they say but might reference that if I'm or getting anywhere.


 
Posted : 02/12/2019 8:23 pm
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Update: Email this morning saying they are giving me a refund. Now to find some Shimano MW7's for a reasonable price....


 
Posted : 03/12/2019 11:32 am

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