Where do I stand- Faulty bag has bent my gun

[jonny lovegrove]

Re: Where do I stand- Faulty bag has bent my gun

yeh... kick in the teeth, but its not the retailers fault your guns damaged... not fit for purpose, maybe... more likely its just defective, I bet the majority he sells don't fall apart instantly.... you get what you pay for...

Puzzles me when people buy a £10 sling for their £400+ gun... then moan when the thing snaps! the amazing thing is they ALWAYS were "only slowly walking down the path ect" when it happened! not one ever was running with a 4.5kg gun bouncing uncontrollably off his/her back! lol

My £7.50 viper sling has yet to fail me! With 7kg bouncing around on it.

On topic, you might if youre lucky get a refund for the bag, no chance on the gun imo.
Hindsights a b*tch but wouldnt you have rather spent £30 on a half decent bag now?
Ive just spent £30 on a 42" guarder bag and its definately fit for purpose!

[TrooperX]

but argos didnt make it nor test every product they sell... look at it this way, you go into waitrose and buy your lunch, youve got half a sandwich and half a bag of crisps to wash it down half a can of coke.. then some happy fat chap whos paid to test it wont give you the squitts

If you buy a sandwich from waitrose and theres something wrong with it you dont send it back to manufacturer - you go back to waitrose and they deal with it. It's got nothing to do with testing it beforehand. The customer has made the transaction, or the contract if you like, with the seller. The seller is responsible for dealing with it for the customer. The seller then takes it up with whoever he bought it from, probably a distributor. The manufacturer is way down the line if at all.

[Ducky]

Re: Where do I stand- Faulty bag has bent my gun

This is exactly why i dont use "bags" and instead use cases. £30 on a bag or £40 on a decent hardcase from my local friendly gun store?

[madwelshman]

Re: Where do I stand- Faulty bag has bent my gun

Totally agree with you Johnny! but there are some £10 slings out there that are CACK!!!! I love the viper slings, they are solid!!!

[badger906]

Re: Where do I stand- Faulty bag has bent my gun

Badger, for someone who claims to be a retail manager, you seem to have a very poor knowledge of contract law, the sale and supply of goods and services act, the unfair contract terms regulations and the sale of goods act. The person selling the goods is the person who entered into a legally enforceable contract with the customer, not the manufacturer. The retailer is protected from consequential damage (ie broken gun, kids arm etc) only if it's made clear to the customer before purchase. Once purchased, the contract is in force and it's too late to tell them there are exclusions. If you get sued by a customer because their drill broke and caused them a serious injury, all you can do is pay up and then go after the people you have a contract with - the manufacturer.


BUT, this item was bought from HK, so sale of goods act and distance selling regs make no difference whatsoever. None. Zip. Nada.

Trust me its not a claim, your welcome to visit my store if your in the Cambridgshire area

Ive had this situation before, several times in fact, and every time its gone straight to the manufacturer. If said product causes injury, then it will fall down to product liability, which in theory can fall upon the retailer, however in the result of damage to property, this cannot be proved that the product in question is at fault, and it would be hard to prove to anyone that the product caused the issue, in this case, dropping an AEG down the stairs wouldnt do it much good either.

But hey thats what liability insurance is for.. saying that last woman that tried to claim after slitting her finger open on a blade snapped off in a tin of Polycel smooth over, she got a £25 voucher from Akzo Nobel she paid more than that for the product that was now spattered in blood.

[TrooperX]

As the seller you are responsible. This is essentially what SOGA says...

"The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty. Even after this 6 month period, if the item breaks down prematurely , you should always go back to the shop or retailer in the first instance."

http://whatconsumer.co.uk/shops-responsibility/

[jonny lovegrove]

Re: Where do I stand- Faulty bag has bent my gun

But does it all apply in HK??

[Caveira]

Re: Where do I stand- Faulty bag has bent my gun

Trust me its not a claim, your welcome to visit my store if your in the Cambridgshire area

Ive had this situation before, several times in fact, and every time its gone straight to the manufacturer. If said product causes injury, then it will fall down to product liability, which in theory can fall upon the retailer, however in the result of damage to property, this cannot be proved that the product in question is at fault, and it would be hard to prove to anyone that the product caused the issue, in this case, dropping an AEG down the stairs wouldnt do it much good either.

But hey thats what liability insurance is for.. saying that last woman that tried to claim after slitting her finger open on a blade snapped off in a tin of Polycel smooth over, she got a £25 voucher from Akzo Nobel she paid more than that for the product that was now spattered in blood.

I might just take you up on that. It's quite possible that the training you've been given has deliberately said that you have no liability. I know at least 2 supermarkets who train their managers that way, so they will be more believable when telling a customer that they are not responsible for faulty goods and that they have to contact the manufacturer. How do I know that? Simple, I successfully sued one and got a refund on a faulty item out of the stores normal "28 days then contact the manufacturer" period with the other. In both cases, a chat with the manager explained that this is what they are taught.

Proof of fault? What evidence level do you want? Simple, this would be a civil matter, so my story needs to be fractionaly more believable than yours; no need for beyond doubt in civil cases. Who has to prove the fault? In the first 6 months it's down to the retailer to prove the goods weren't faulty, not the customer to prove that they were.

Consequential loss must be excluded before the contract is formed. That is basic UK contract law and cannot be varied by a store's policies. Regardless of exclusions, serious injuries and death can never be excluded if caused by negligence.

EDIT:

But does it all apply in HK??

NO!

[TrooperX]

But does it all apply in HK??

No. I was responding to badger rather than the OP.

[Wrcallar]

Re: Where do I stand- Faulty bag has bent my gun

So if the seller replies "Bugger off" I can't do jack!?

[TrooperX]

So if the seller replies "Bugger off" I can't do jack!?

Pretty much, yes. If you paid by Paypal you could make a claim but they would expect you to return the bag at your own cost.

[cannon_fodder]

Re: Where do I stand- Faulty bag has bent my gun

So many shops simply do not know the law or deliberately brake the law. Many will back down if you know your rights and stay calm and profesional (letters to head office work as well) Failing that if you threaten legal action ALL will back down.
If you see a sign saying no refunds or no refunds without a receipt they are illegal under UK law but shops still display them. Ebay sellers who use "buy it now" often state no returns but this is also illegal under distant selling regs. (however auctions won by bidding are not covered buy DSR)

In the UK the Retailer is ALWAYS liable for defects in a product (unless pointed out before sale) .. the buyer recovers his money from or sues the retailer. The retailer then chases the wholesaler and the wholesale goes after the manufacture.




However this retailer is in HK so in this case the SoGA and DSR will not apply. You could start legal proceedings but with no legal aid it will cost £1000s (no you cant go to the small claims court).

Simple.
I buy lots from HK. I know I'm not covered so I wont spend more than I can afford to lose if it all goes south. If I buy a cheap bag I would check all the straps with a good tug. Its cheap for a reason ,If the stitching looks dodgy I will reinforce it myself or bin it as its just not worth sending it back.
I have had good results from HK. I got sent some parts that were the wrong colour and after a polite email with photos the seller sent me a free set in the correct colour. If the seller had said "tough" then there was nothing I could have done.
You might get a free bag out of this BUT there is no way the seller will give you a free AEG.
You Always take a risk when buying goods from outside the EU as EU/UK laws don't apply.

If you want guarantees you have to buy from the UK. That means you have to buy from Zero One as it is the only UK retailer

[blobface]

Re: Where do I stand- Faulty bag has bent my gun

Sent from my iPad using Tapatalk because I'm a bad mother...

I wish your signatures were bigger, I can barely see them.

As for the situation, sorry but it's not anyone's fault that your gun broke, but perhaps next time get a gun that doesn't break from a fall from waist height?

[Wrcallar]

Re: Where do I stand- Faulty bag has bent my gun

Thanks for all your help guys!

I wish your signatures were bigger, I can barely see them.

As for the situation, sorry but it's not anyone's fault that your gun broke, but perhaps next time get a gun that doesn't break from a fall from waist height?

Whatever.

[Dwarfy]

Re: Where do I stand- Faulty bag has bent my gun

tbh i dont think there is alot you can do

put it down to experience and move on, also viper slings? jesus they are dire, i bought one and it didnt last a day on my shotgun. went out and bought a 30 quid scabbard and never looked back, also use a MS2 sling with it as/when needed.