Kask unstuck

[magwick]

I bought a kask helmet back in January and I thought it was the dogs dangles, very comfy, looks nice. infact I thought it was great until about a week or so back the glue inside started to melt in the heat. It's been hot but not that hot!

First the mesh fell out of the insides of the vents and it's got bubbling under the styrein

The shop I got it from said they would send pictures off, sorry we don't do credits. Great, fantastic customer service as ever. Bottom line, if we sell it and it's shizer that's your problem not ours.

I shall wait and see what the manufacture has to say.

Has anyone else had this problem?

[Hanser]

I think its the shops problem.....but probably best to see how the manufacturer responds. Presumably these come with a guarantee. If the response is unsatisfactory and the shop still refuses to exchange/refund then straight down to trading standards etc

[10 Bears]

You have a contract with the shop ie you paid them in exchange for their supply of goods, these rights are afforded under the Sale of Goods Act (1979). You can claim that it is not fit for purpose and has developed a defect through expected use, so is therefore, not of satisfactory quality. These terminologies are all prerequisites to a claim under the Sale of Goods Act.

 

The reason is that the contract that you entered into was that in exchange for money, the retailer would supply an item that is fit for purpose, of satisfactory quality etc. As they accepted my payment, but did not manage to fulfil their end of the contract, the contract is void and you are entitled to your money back directly from the retailer.

 

The only sticking point you will have is to determine what is a 'reasonable time' between the purchase of the item and the development of the problem. Unfortunately this is an argument that you will have to have with the retailer - but you can go in forewarned!

 

Take the supply/product code from the helmet and contact the manufacturer. Ask them specifically when was this batch produced? If they say 5 years ago for example, then you have a better claim against the retailer for selling old stock at current market price. Its up to the retailer then to make a counter claim against the manufacturer/supplier.

 

There is some really good information on the which site here:

 

Sale of Goods Act - Which?

 

I've followed this advice before and got good results from SoGA claims.

[magwick]

I will update you once the arb shop has a reply from manufacturer.

[magwick]

Still nothing, the shop says that they are waiting for a reply. No sense of urgency then.

Arb shops seem to operate in a customer service time vortex.

[magwick]

Helmet replaced. Old helmet not taken back as they stated photos was enough. No feed back on why the problem occurred. A second helmet is starting to have glue melting problems.

Both bought in January.

It's an Italian brand and as such I would have thought tested for proper sun/heat not the stuff we get.

Any one else had a problem?