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  1. #1
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    Shop refusing refund

    So, a student gets all keen, books a holiday but is too feeble to take advantage of the club buying a bunch of new suits from a local manufacturer.

    Eventually maths intervenes and the diver realised they need a suit real soon now. Divers goes to a shop and is sold a second hand suit for about £400 (by way of comparison - new the club paid £800 including an undersuit).

    Of course it turns out the suit leaks. Certainly at the wrists and maybe elsewhere, the diver’s arms being wet to the shoulder. The diver is in denial to begin with, blaming it on failing* to understand who is responsible for the zip, fiddling with wrist seals and so forth. Eventually though it becomes clear that best way the wrists are too big, worst way it is a tea bag.

    So, the diver takes it back to the shop. They say, “Yes, of course you can have your money back, but we will knock off £50/day rental for the time you had it.”

    Clearly this is in contravention of consumer law. In these days of FB and social media it seems extremely short sighted too.

  2. #2
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    Quote Originally Posted by Ken View Post
    So, a student gets all keen, books a holiday but is too feeble to take advantage of the club buying a bunch of new suits from a local manufacturer.

    Eventually maths intervenes and the diver realised they need a suit real soon now. Divers goes to a shop and is sold a second hand suit for about £400 (by way of comparison - new the club paid £800 including an undersuit).

    Of course it turns out the suit leaks. Certainly at the wrists and maybe elsewhere, the diver’s arms being wet to the shoulder. The diver is in denial to begin with, blaming it on failing* to understand who is responsible for the zip, fiddling with wrist seals and so forth. Eventually though it becomes clear that best way the wrists are too big, worst way it is a tea bag.

    So, the diver takes it back to the shop. They say, “Yes, of course you can have your money back, but we will knock off £50/day rental for the time you had it.”

    Clearly this is in contravention of consumer law. In these days of FB and social media it seems extremely short sighted too.
    Has he had it less than 30 days?
    https://www.which.co.uk/consumer-rig...faulty-product

    If it's a fitting issue the shop should have been able to see the wrist seals were the wrong size for him, in this case the shop could argue it's the buyers responsibility to check fitment, but we all know new divers need help with dry suit fitting and the reason you buy from a dive shop is to get an expert to assist you, if they go down this route the shop should be named and shamed.

    If it's just a teabag then he has the right to his money back, in both cases the fact that he "used it" is irrelevant. They have even less of a leg to stand on given the item is 2nd hand and his "use" has not at all diminished the value, but again this is completely irrelevant as in any case the shop must accept a refund.

    If the shop has already refused a refund and you are sure he isn't just getting his under suit caught in the wrist seals, I would take it to another dive store to be pressure tested for leaks and fitment. If it leaks he is entitled to his money back, if it's fitment then this is more difficult but I would suggest reasonable resolutions would be, a refund or repair at no cost.

    If he does manage a refund then you could see if you could get an extra one added to your job lot deal

    Edit: Just another thought... If you hired a dry-suit and it leaked like a sieve or had loose seals and did not perform the job of keeping you dry, you should also be entitled to your money back for the hire.
    Last edited by ManualOverride; 12-06-2019 at 10:04 AM.

  3. #3
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    Quote Originally Posted by ManualOverride View Post
    Has he had it less than 30 days?
    https://www.which.co.uk/consumer-rig...faulty-product

    If it's a fitting issue the shop should have been able to see the wrist seals were the wrong size for him, in this case the shop could argue it's the buyers responsibility to check fitment, but we all know new divers need help with dry suit fitting and the reason you buy from a dive shop is to get an expert to assist you, if they go down this route the shop should be named and shamed.

    If it's just a teabag then he has the right to his money back, in both cases the fact that he "used it" is irrelevant. They have even less of a leg to stand on given the item is 2nd hand and his "use" has not at all diminished the value, but again this is completely irrelevant as in any case the shop must accept a refund.

    If the shop has already refused a refund and you are sure he isn't just getting his under suit caught in the wrist seals, I would take it to another dive store to be pressure tested for leaks and fitment. If it leaks he is entitled to his money back, if it's fitment then this is more difficult but I would suggest reasonable resolutions would be, a refund or repair at no cost.

    If he does manage a refund then you could see if you could get an extra one added to your job lot deal

    Edit: Just another thought... If you hired a dry-suit and it leaked like a sieve or had loose seals and did not perform the job of keeping you dry, you should also be entitled to your money back for the hire.
    I would say it depends on how the suit was sold - was it sold as "untested and as seen" - if so, the shop probably have the legal out from the normal rights as they would have made no assertion that it was fit for purpose. In the absence of that declaration however I agree completely with you.

  4. #4
    bottlefish Stuart Keasley's Avatar
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    How did the person pay? If by credit card, then I'd be inclined to get in touch with the credit card provider
    Please visit bottlefish for my personal web site, Quay Cameras to chat to me about the cameras and kit that I sell

  5. #5
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    An update... just spoke to the student and the shop gave up in the face of dripping arms having got out of a pool.


 

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