On
6/5/03 I purchased a Taylormade Tour Stand Golf Bag from Online
Golf (www.onlinegolf.co.uk). I took delivery of the bag on 9/6/03.
On 23/7/03 I noticed that a plastic part of the stand mechanism
had broken and emailed the returns dept @ Online Golf - complete
with a photo of the fault. I complained of their policy of returning
the bag back back to the manufacturer for inspection and repair
or replacement - stating that (as it was the height of the golf
season), this was hardly a 'Golfer Friendly Policy' and that any
other internet company I had dealt with had a 'swapover' policy
on faulty goods.
I also complained that - according to their returns policy on
the website (at that time) - they expected me to bear the cost
of returning the faulty item!
As the bag was only 6 weeks old when I noticed this fault, I requested
a replacement bag be sent out, and the faulty one collected at
the same time - which seemed sensible.
I received a reply from Ms J B on 24/7/03, insisting that the
bag had to be sent back to Online Golf, who would then send it
back to the manufacturer and decide whether to repair or replace
it.
Now any keen golfer, by now, will know that this is a ridiculous
request to make! A golf bag is such an indispensible piece of
kit, that to be without it - for any amount of time - renders
the rest of your equipment useless - unless you fancy trailing
round the course with your clubs in a black bin bag!!!
Not to mention the fortune we have already spent on our season
tickets, club membership etc. Add to this a busy golfing calender
with competitions, club matches etc - I think you get the picture.
Anyway... to continue, I felt this could not be right, so I done
a bit of research on the BBC watchdog and Trading Standards websites,
and made some interesting discoveries.
Under the Sale of Goods Act 1979 (as amended):
-Where goods prove defective within 6 months of purchase, it is
presumed the problem existed at the time of purchase - and the
trader has to prove that they were not faulty when you bought
them.
-A consumer is first and foremost entitled to have goods repaired
or replaced, provided this can be done within a reasonable time
and without significant inconvenience to the consumer.
-If repair or replacement of the goods is unreasonable/impossible,
then a dissatisfied consumer is entitled to an appropriate price
reduction or a refund.
-Technically it is the trader's responsibility to arrange to collect
faulty goods.
-A shoppers' rights are first and foremost enforcable against
the retailer - not the manufacturer.
Armed with this knowledge, I sent another email on 24/7/03, stating
all of the above and asking how long the procedure of sending
the goods to the manufacturer and back to me was likely to take.
I felt this would be a lenghty process, and said that unless it
could be 'guaranteed' to be completed within 5 days, it would
cause 'significant inconvenience' to myself (in that I would be
unable to compete in pre-arranged golf competitions).
Therefore, once again, I asked for a replacement bag to be sent
out and the faulty one collected.
Five days later (29/7/03), I received a reply from Ms J B and
, alas, it was not a good one. It insisted that I had to return
the bag myself, and that it 'should' be resolved within 5 days
- hardly a guarantee!
Yet again, I emailed a reply (31/7/03), stating that by not adhering
to the Sale of Goods Act 1979 (as amended), I considered them
to be in breech of contract.
For all the aforementioned reasons - i.e.by refusing to collect
the faulty goods, by insisiting on forcing me to deal with the
manufacturer, and not replacing the faulty item themselves, by
forcing me to prove the item is faulty by returning the bag (despite
sending photographic evidence) and the law states the burden of
proof of is on the trader.
I then received a reply (31/7/03) from the Managing Director,
Mr L B, who stated their company policies - first 30 days replace
the item, beyond that repair it - said they weren't being unreasonable
etc etc - and I still had to send the bag back myself!
Yet again! - I replied (getting a bit of a Saga this, eh?), stating
that his company's policies were not in accordance with the Sale
of Goods Act - in that I am entitled to a repair OR replacement,
or if this is 'significantly inconvenient' a refund (no 30 day
limits!).
I once again gave Mr L B and Online Golf the opportunity to settle
things amicably by swapping my bag over with a replacement and
I would consider the matter resolved.
Alas, this was not to be, as the reply I received from Mr L B
on 1/8/03 totally shocked me. He was quite rude, the jist of the
letter being we're sticking to our guns, we're not breaking the
law (hmmm, u reckon?), I don't want to discuss this matter further
with you - and you still have to send the bag back!!!
But the 'peace de resistance' was his statement:
'...my driving concern is retaining customers (read 'retaining
profits') and not merely satisfying the law.'
(Mere: ADJECTIVE used to emphasize how unimportant something is.
Merely: ADVERB)
Judge for yourselves people - does this sound reasonable or fair?
Mr L B - as MD - sets the policies for his company.
He will certainly not be retaining my custom in future - as, if
his driving concern REALLY was retaining customers, his policies
would be in accordance with the Sale of Goods Act 1970 (as amended)
and he would have... or should have, striven to retain my custom!
As it stands, I have a faulty bag (which incidenlty I believe
is a design fault by the manufacturer - so stay clear of Taylormade
bags!), which cost almost £100 and Online Golf still refuse
to collect or replace it.
I would not recommend this company to anyone. Buy from another
company such as Direct Golf, who's return policy is:
'We will collect faulty or incorrectly delivered goods...'
... which is as it should be!
