Poor customer service and Consumer rights

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Stuart_C

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I bought a all black putter in January and received it in March. I noticed the paint on the black shaft is all pitted and peeling off.

I've spoken to the manufacturer and they've offered to reshaft it but will only replace the shaft with a chrome one. It is my understanding they are doing this due to them having issues with the black shafts.

I have refused a new chrome shaft for a couple of reasons, 1. I don't like the different coloured head/shaft combo on my putter, I struggle to putt properly 2. I specifically bought this particular putter due to how it looks.

I must admit it's a cracking putter and I don't want to swap it.

If I get the shaft replaced with the chrome, it'll end up an expensive useless ornament in my spare bag.

I asked for a refund as they can't replace/repair putter to same one as Initially bought but they've said as it's past the 30 days I can't be refunded.

I know there's some sort of consumer rights but not sure how to go about it.

Anyone got any knowledge on the legal side.

Cheers
 
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Companies are allowed to admit they have issues and not repeat them by giving you another black shaft. Pretty decent of them to offer a replacement and I'm struggling to understand why a chrome shaft would make you unable to putt with it ?

As for the 30 days, that's moot. The coating was not fit for purpose and was expected to last for a reasonable length of time so push for a refund if you want one.
 
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Stuart_C

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Thanks Brad's, I don't like the different coloured head/shaft combo on my putters. I find the black head/chrome shaft very off putting.
It's a personal thing.
 

HampshireHog

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I would argue that failure to repair or replace with the exact same product is a breach of your statutory rights, as you don’t want to accept an alternative product.

I’d contact your credit card company assuming you used one, see what they say.
 

RichA

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Delivery date is the relevant starting point. You've been using it for over 6 months. You have the right to a repair or partial refund.
Whether their repair using a chrome shaft is acceptable or not may end up being something they and you end up trying to convince an independent third party, be that in dispute resolution or small claims court.
I'm fairly militant when it comes to protecting my consumer rights, but their offer to repair seems pretty reasonable.
You need to balance whether you think an independent person would believe that a chrome shaft was a breach of your consumer rights or the trader making good on an item you've used for 6 months in a way that has no impact on its performance.
 
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Stuart_C

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Delivery date is the relevant starting point. You've been using it for over 6 months. You have the right to a repair or partial refund.
Whether their repair using a chrome shaft is acceptable or not may end up being something they and you end up trying to convince an independent third party, be that in dispute resolution or small claims court.
I'm fairly militant when it comes to protecting my consumer rights, but their offer to repair seems pretty reasonable.
You need to balance whether you think an independent person would believe that a chrome shaft was a breach of your consumer rights or the trader making good on an item you've used for 6 months in a way that has no impact on its performance.
I'd be more than happy with the repair only if the repair was like for like. As it turns out it'll be a chrome replacement shaft, that's not what i want. I bought this particular putter based on looks and has turned out its performed very well, I love it.

I've had a black head/chrome shafted putter in the past and I just don't like them.
 

RichA

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I'd be more than happy with the repair only if the repair was like for like. As it turns out it'll be a chrome replacement shaft, that's not what i want. I bought this particular putter based on looks and has turned out its performed very well, I love it.

I've had a black head/chrome shafted putter in the past and I just don't like them.
Good luck, but they would actually be within their rights to take your putter, rub down the shaft and spray it black. If it happens again, they can repeat the process.
The example above isn't a good comparison. It's a £50 putter shaft with a quids worth of paint on it, not a £3000 car engine.
I'm on your side, but they seem to be guilty of failing to meet your expectations rather than breaching your consumer rights.
I'm not a lawyer - just a punter who is used to dealing with legal stuff. If you've got legal cover with your home insurance they can usually give professional advice on consumer issues.
 
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Dean Dunham is a consumer lawyer who does a show Friday evening on LBC and covers exactly this sort of problem. Often it seems that simple mention of the Consumer Rights Act 2015 should be sufficient to resolve situations where the consumer feels the product had not met expectations of what they were sold, or if it breaks. From what I can gather…the 30 days warranty you mention is irrelevant in the eyes of the Act for the issue you have.
 

RichA

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30 days is just the short-term right to reject for a full refund, if the goods are unsatisfactory. Keep it and use it any longer and the seller has the right to repair or replace, rather than refunding.
None of that means that the two parties can't negotiate an agreeable solution though.
 
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The CRA stipulates that you should be able to get a full refund up to six months from the initial purchase if the goods cannot be replaced or repaired.
 

Bunkermagnet

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The CRA stipulates that you should be able to get a full refund up to six months from the initial purchase if the goods cannot be replaced or repaired.
But it can be repaired, and I bet the T&C small print will state they reserve the right to alter spec and make changes as an when they feel fit.
 
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