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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61847
Experience:  Qualified Solicitor
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I returned a crash helmet I felt to be not as advertised,

Customer Question

I returned a crash helmet I felt to be not as advertised, didn't fit and of poor quality. I'm being told they will not accept the return as I removed a plastic protective film from the visor. The helmet was returned in the same condition as I received it. Who is in the wrong here?
Assistant: Where are you? It matters because laws vary by location.
Customer: UK, Isle of Wight. Helmet bought from www.sportsbikeshop.co.uk
Assistant: What steps have you taken so far?
Customer: Emailed my dissatisfaction in the result. I'm being asked for a return address
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 16 days ago.

So did it not have a plastic visor on it? Also, when exactly did you buy it and was it online or in-store?

Customer: replied 16 days ago.
Hi Ben that's fine
Customer: replied 16 days ago.
A plastic visor with a protective film which I removed and replaced. It was still in new condition as I had only tried the helmet on for a couple of minutes. It was purchased online
Expert:  Ben Jones replied 16 days ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 16 days ago.

Many thanks for your patience. A consumer’s rights in this situation are determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts entered over distance, such as online purchases.

 

Section 34(9) states the following:

 

“If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.”

 

They may potentially argue that you did not need to remove the protective film to establish that the helmet did not fit properly, although if for example it was the only way to establish the quality of the visor and that is the basis on which you are now returning, then you could use that as a counter-argument.

 

In any event, they should not dimply reject the return, they can potentially not refund you in full to cover for depreciation in value for now having to sell an item that is not brand new as such, but they will still be able to sell it for a reasonable price so at least a partial refund can still be expected.

 

Does this answer your query?

 

Expert:  Ben Jones replied 15 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 14 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you