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Original poster

new tent - it's torn and they won't replace/refund - what can I do?

32 replies

jeangenie · 18/06/2007 13:43

We bought a new tent on 13 May (delivered around 16/17th ) and put it up for the first time on June 8th when we discovered that there were tears in the flysheet (big tent, too large to put up in our garden so we waited until first arranged trip)
I reported this fault by email on 11th June but got no response so phoned on Saturday 16th to try to arrange replacement/refund. The guy said they were only prepared to repair and that we should have checked it within 10 days and let them know
I think c.21 days is not unreasonable to report a fault
The tent cost £225 and tbh I really don?t want to accept faulty/repaired goods at that price. Also we had planned quite a bit of camping over the next month and if we have to send it off for repair we won?t even have a tent to camp in!
Does anyone know if they are within their rights ? what is the best way to challenge this?

OP posts:
Lucycat · 18/06/2007 13:46

Who did you buy it from? It should be covered by a manufacturers warranty so it might be worth getting in touch with them.

It is not fit for the purpose for which it has been sold - if there are tears in the flysheet it won't be waterproof - so try mentioning Trading Standards to him and see where it gets you.

on your behalf!

sallyheartshapedstrawberry · 18/06/2007 13:46

This reply has been deleted

Message withdrawn at poster's request.

brandnewhelsy · 18/06/2007 13:47

this looks useful

SecondhandRose · 18/06/2007 13:48

If the item you bought is damaged and is not fit for the purpose then you are entitled to a full refund.

Do NOT accept a repair as then you lose your entitlement to the refund.

Take back to shop for a refund with your receipt. Go 5 mins before they close then they'll be keen to get rid of you.

squidette · 18/06/2007 13:48

Check your consumer rights - if an item is faulty, the seller must offer you a refund. They can OFFER to repair or replace, but you do not have to accept this offer. As a consumer, you are entitled to a 'reasonable time' to make the fault known, but this is where it goes a bit grey.

Usually, within 28 days is considered a reasonable time.

lulalullabye · 18/06/2007 13:53

I agree with secondhand. The tent should be exchanged by the shop. It is their responsibility to send it back to the manufacturer as they deal with them.

Don't take any crap and do go back and demand a replacement. Also worth telling them that you will take them to the small claims court if they don't exchange it ! Good luck.

Original poster
jeangenie · 18/06/2007 13:55

bought from www.awnings.co.uk/
I think it does come down to a definition of reasonable time - I think 21 days is perfectly reasonable but they obviously claim not to agree
the person I spoke to on saturday was very unhelpful - just said that the guy in head office who deals with emails had been away and they'd be in touch when they finally did have my email forwarded, even though I was on the phone at that stage but that they would just be prepared to repair it at this stage

OP posts:
Original poster
jeangenie · 18/06/2007 13:59

unfortunately they are in tyne and wear and I am in London so can't go in person
one other thing - one tent pole bent a bit when we erected the tent, I guess this would be construed as our fault (we certainly wouldn't be claiming the tent was faulty on this basis) - do you think this could give them grounds to refuse a refund? I think I just won't mention it, it's the tears in the flysheet that are of interest

OP posts:
alison222 · 18/06/2007 14:28

I'm in agreement with secondhand. If this is the first time its been checked then it is "not fit ofr purpose" and should be relaced not repaired.
Insist on a replacement. Try quoting the sale of goods act at them - have a look at
this
It seemst here is not a legal definition of reasonable time so you can carry on arguing
Good luck

alison222 · 18/06/2007 14:28

I'm in agreement with secondhand. If this is the frist time its been checked then it is "not fit ofr purpose" and should be relaced not reparied.
Insist on a replacement. Try quoting the sale of goods act at them - have a look at
this

Original poster
jeangenie · 18/06/2007 15:50

have emailed (again) and told them am not happy with repair option and that I want a full refund. Mentioned sale of goods act and the fact that I feel 21 days is completely reasonable

watch this space

OP posts:
StripeyKnickersSpottySocks · 18/06/2007 16:02

Threaten them with trading standards.

Kathyis6incheshigh · 18/06/2007 16:04

Thing is with checking a tent, it needs to be the right weather to do it in the garden or you might get it dirty, and unless you have a lot of space inside you wouldn't want to stretch it out indoors in case it gets torn.
So I think you are right that 21 days is reasonable - 10 days may not be practical.

Peachy · 18/06/2007 16:06

If its a premium brand tent (and at that price it is), contact the manufacturers as well- they will often contact the retailers as they hate being ahrassed when its the retailers job to sort.

Get down to the CAB who can update you but yes the tent is not fit for purpose, the retailer is trying it on. Most epople cant erect tents (well the bigger) ones in their gardens so 21 days is very normal.

Lucycat · 18/06/2007 16:08

and what about people who buy tents at the end of the season as they are cheap - what are they supposed to do?

definately trying to pull a fast one!

pirategirl · 18/06/2007 16:11

ten days is certianly not practical, how many of us have a lrge enough space to put up a family tent for inspection.

I think you should write to the manager. citing the fact that you did inspet the tent the first chance you had. Then quote the trading standars bit. If you have no luck with the manager, ( you could phone and speak to him/her first and say you are writing)yu could in the same phone call say that you are going to take tis further.

Is it a big company, like could there be an md or someone.

Goods that you buy have to be fit for the purpose, of 'merchantable quality ' sorry about spelling, but i always remember my business studies proffessor getting very uptight about this sort of thing.

do not let them bully you. good luck

Peachy · 18/06/2007 16:14

Out of interest who was it? AS i buy a LOT of camping things and really want to avoid the company you sued!

Lucycat · 18/06/2007 16:20

jeangenie - if you look at their terms and conditions then it clearly says -

In addition to the buyer's statutory rights, the seller guarantees all goods against faulty workmanship and materials for a period of 60 days from the dat of delivery'

so tell 'em to stuff it - you want your money back and buy a tent from somewhere else!

also mention that you will put the word out on ukcampsite about their poor customer service - that ought to do it

Lucycat · 18/06/2007 16:21

Peachy - keep up!

jeangenie's post of 13.55.10

awningsco.uk!

Peachy · 18/06/2007 16:22

trying to keep up on here and with the latest developments in neighbours planning dispute with my landlord

Tis challenging I tell Ya! [woink

Lucycat · 18/06/2007 16:25

lol at your woink.

Have you a glass to the wall?

Original poster
jeangenie · 18/06/2007 16:26

would anyone else be worried about the fact that we bent a pole? I guess that means we have in fact also damaged the tent ourselves - I don't know if that makes a difference...
as I said before I would not be trying to get a refund on that basis at all, but neither do I feel we should be denied one as the tent was already damaged, we just hadn't noticed it until all poles were up and we were putting the flysheet on
dammit - it took me about a gazillion years to choose the damn thing too!!!

OP posts:
dustystar · 18/06/2007 16:28

Have you mentioned the bent pole? if not then say nothing and claim innocence.

Peachy · 18/06/2007 16:28

Just don't mention the pole, they're unlikely to pitch it and notice.

Luce nah, landlord phones us to let us know LOL_ has to after the mean woman tried to give DH a kicking last time there were developments!

Original poster
jeangenie · 18/06/2007 16:38

haven't mentioned and won't mention the pole then - thanks

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