Warranty & Consumer Rights?

A question about a frame warranty when the manufacturer has gone out of business.

Does the retailer still have a legal liability to the customer to service the warranty on a defective frame if the manufacturer of the frame has subsequently gone out of business?

The retailer was an authorised dealer at the time of purchase. I have yet to approach the retailer. I want to find out if i have a legal leg to stand on first as i'm expecting to encounter 'resistance'.

Danke, Fahrrrad.

Only for the first year or so, after that it's very hard to claim anything easily and they will likely try to say it was misuse ect

If you gave more specifics it would help.

My understanding is the retailer would be responsible for the first year, unless they sold you a longer warranty, but typically retailer would be year 1 and manufacturer for anything longer. Sometimes extended warranty is through a third party (ie "Gamecare" on consoles sold at GAME used to go through alianze). However, after 6 months it could be left down to you to prove the fault was down to manufacturer and not your own miss-use. I expect a retailer would use this more if the manufacturer was not around anymore to credit the store for the faulty frame.
I'm no legal expert though, so happy to stand corrected.

I believe the retailer is responsible for the sold item being reasonably fit for purpose. How long that is depends on the product. E.g. no matter what the retailer says, you can expect a telly to last longer than 12 months and are entitled to take that up with the retailer.

Tell us what happened and how long you've had it?

Anyone able help?

My garmin has gone shitty again, I told garmin. They say they only offer 1 year warranty and I have to pay for a replacement.

I thought I had up to 2 years under EU consumer law?

You right. Where did you buy? My Luxos I sent to bikediscount where I bought who sent to BM and then bikediscount sent me new one after just under two years.

I bought from handtec, but I already had it replaced by garmin before, so the device I have not comes from garmin.

I sent them another email pointing them to the law, if they still say no, I will get advice from consumer rights/trading standards.

You should have kept your 800 ;-)

ha! Possibly.

If it's been replaced then I'm afraid consumer law no longer applies. Consumer law only applies to the original product, unmodified from time of purchase. Sorry to be the bearer of bad news. I would kick up a stink on twitter or the like to Garmin, they might be able to offer an exemption.

Ah bummer.

Kind of bullshit if the replacement product has the same fault down the line!

Is the first device less than 2 years old?

Don't go to Garmin directly, always go to the shop you brought it from.

Let the staff deal with it, and they will presist in getting it replaced, as the company can't really just tell their reseller to go do one.

(disclaimer, dealt with warranties a lots).

Yes.

And @edscoble handtec are a joke for support. I also figured as the device was replaced by Garmin already, handtec would not be interested.

Here's the thing about warranty, it doesn't start again the moment it replaced, so it's continued from the day you purchase the original one.

Having said that, they should, in the very least take it back and send it to Garmin, I would.

Actually I bought the original one January 2015. I thought it was later. It was replaced by Garmin in May 2015.
I guess I'm out of luck?

Maybe Garmins offer of £70 to replace my 1000 isn't so bad.

£70 is pretty reasonable IMHO, in warranty case, when all else fail, doing a GOGW is usually the last (or first) resort.

Or 90 days from replacement, whichever is longest, just in case that helps.

Here's one. My freehub shat itself on a ride so I returned it to the retailer for warranty inspection (me paying postage, £12 or so).

They've approved the warranty and rebuilt my wheel with a new hub, however now I see in their Ts and Cs that:

Postage for returns must be paid for by the customer initially, you can claim for a refund by requesting this on the returns form accompanying your item. You must evidence the postage cost on your returns form to be eligible for a refund, royal mail postage stamps on the package will suffice or a receipt from a courier. We will refund up to a maximum of £6.50, please contact us if you are quoted more than this and we will recommend a delivery provider. We are not liable for any goods damaged or lost in transit. We recommend you use recorded delivery and gain proof of postage to cover you in case of loss.

I, obviously, did not do this. Do I have a leg to stand on? In the grand scheme of things it's not a lot but due to a component failure I've had to strip a wheel at a cost of tubeless tape, sealant and my time, as well as having spent money to get a working wheel again.

Yes. If the freehub was faulty then their T&C's can't trump your statutory rights - this is covered by the Consumer Rights Act. From Which?

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.

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations#returning-faulty-goods

To be fair nothing in the text you've quoted mentions faulty goods. Have you asked them to pay the cost of the return yet?

If the part has a fault:

If you encounter a problem with any of our products,we can sometimes solve it without the need for a return. Please email us at contact@superstarcomponents.com and we will try our best to resolve it. Photos or a short video of the issue can also be useful.

Please be honest, we want to help you but we need all the facts to fully understand your problem and solve it.

You must include a fully completed returns form Click here to download a returns form. Items received without returns forms, or with incomplete returns forms may be refused and will lead to a delay in processing.

All items MUST be returned first to be eligible for refund, exchange or warranty replacement without exception. We will refund your postage costs where appropriate. PLEASE NOTE: We will only refund up to a maximum of £6.50. If you wish to insure the item or guarantee delivery, this is at the customer's cost.

Please read the Postage Refund Guidelines carefully and include all required details and receipts on your returns form. We cannot process postage refunds retrospectively.

Not yet, I haven't got the wheel back though it has been dispatched.

Looking for advice, I received a £100 Planet X voucher for Christmas and having bought my 3 yearly quota of cheap lights and gloves before Christmas can find nothing at all I’d spend money on in a very sparsly stocked website. I’ve contacted them asking for a refund and been told they can’t offer this on a gift voucher. Does this sound correct or just an attempt to fob me off?

Do you mean you have asked them for £100 cash in exchange for the gift voucher?

It's correct, they can't refund you, as you didn't buy it in the first place.

They might be able to refund the original purchaser.

Ah sorry, could’ve worded that better. My wife purchased the voucher and will now contact PlanetX herself, I may have jumped the gun in emailing them myself and receiving the above mentioned reply. Fingers crossed she has more luck.