What rights do I have if I wanted to return a partly assembled multi gym?

toon_mad

toon_mad

toon_mad

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Kind of a longish post sorry :p

Maybe some of you well informed fellow members can offer me some advice on this one :)

I bought a multi gym (Weider Pro 8700) from Littlewoods, this is the item: http://www.littlewoods.com/weider-pro-8700-multigym/928367614.prd?_requestid=157793

Anyway whilst assembling it I got so far through the assembly instructions and got to a part where the arm (butterfly, bench press etc) required putting two pins in that have a rubber strip, as shown below:

k1c56b.jpg

The picture above doesn't make it look so bad, but its the first time I have seen this type of thing and aside from not liking it (the design is awful as you constantly need to move the pins around depending on butterfly or press exercise) , the pins are just not user friendly at all (quite hard to remove and slide back in).

I contacted them by live chat and explained that I needed to return it as the design and quality on this particular bit is poor but they refuse to allow me to return it.

Where do I stand with this? What are my options? 70% of the gym is still factory sealed, I have only assembled maybe 15%-25% and all was going well until I got to this point. The design just seems flimsy and not easy to use, I told them the product is poor but they wont listen.

I can either finish assembling it, hope the pins get easier to use over time and just get used to constantly moving the pins and hope it all works out ok or I can try and push for a return/exchange something else.

I have gotten the address to write to head office should I want to but not exactly sure yet. I asked if I could return and exchange for a different gym but they also refused this.

Before this I had a Marcy MWM 1100 which I got from the bay and it was brilliant and easy to use, but as I moved house not so long ago I decided to just get rid of it as it was few years old and just recently decided to get myself a new one which I hoped was better, but some aspects of this one don't seem as ergonomic or user friendly.

Do I have any rights to return this given the information above. Maybe I am just over reacting a little I don't know, it's been a stressful weekend, I should probably just finish building it and get used to it but I was quite annoyed when Littlewoods flat out refused to return it hence I wanted to know if I had any rights as a consumer to make them return should I go down that route? As I say some parts just don't look and feel right :o

Thanks :)
 
http://www.littlewoods.com/help/en/online-help-system

Your Right To Cancel Your Order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.

You also have the right to cancel your order under these regulations. However, this cancellation right does not apply to personalised products, perishable goods, audio & video recordings and computer software which has been opened and goods that are unsuitable for return for health or hygiene reasons if they are unsealed after delivery. The cancellation period will expire 14 days after the goods are received
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I suppose they could argue that gym equipment might fall into 'hygiene reasons' , but that would be very picky of them
 
hygiene isn't a valid reason if its not been used.

Did you order it online and receive it via delivery or from the shop?

When did you receive it?
 
Do you consider it to be not fit for purpose? If so, is that a grounds for return?
 
Sorry for the late reply guys,

Item was bought online and delivered last Wednesday, only got round to putting it together this weekend. From the hygiene point of view that would surely not be applicable given it wasn't fully assembled and majority of packaging is sealed still and the product not used.

I would have said it was not fit for purpose yes as the design and use is unsatisfactory, the pins you move around should do so easily but they do not. Tomorrow I will maybe try greasing the pins and if needed sand the holes a bit see if it makes it easier.

Was just quite annoyed in the way the staff rep spoke on the online chat but I guess I will just push on tomorrow. To be honest I used Littlewoods quite a bit a few years back but less and less the past couple of years, the company attitude, services and products are just not that good these days and I would have reservations using them in the future given.
 
I used to work at an executive level for a couple of retail companies.

Trust me when I say that the others who posted about your rights are correct.

Also don't take no for an answer, refuse to pay a restocking fee, don't bother with the help centre guys go straight to the top ( however trivial you feel they might think your issue is). Find the CEOs email address on line and mail him everything.

Two things will happen

1)Someone from the executives offices will respond and assure you he/ she will fix it.
2)You will get your full refund

Unfortunately these days whenever I have an issue I make one phone call to the call centre, if they don't help I don't **** about anymore, I contact the CEO.
 
Tefal said:
14 days dsr they mgiht charge a restocking fee but thats it
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DSR hascbeen replaced by the CCR, and a restocking fee is a non-starter but if the value of goods has been reduced by more than "necessary" handling buy the buyer, a deduction can be made to reflect that reduced value. What's "necessary" is effectively what you'd be allowed to do in a shop.

How many shops would allow goods to be part-assembled by a prospective customer? Not many.

On the other hand, it could be argued that shops have demonstration models for that exact reason, and that 5 minutes with an assembled model would have revealed the problem with stiff pins.

So there's a possible argument for both OP and retailer, and it needs a court to rule on it. It's not clear-cut.

As for fitness for purpose, that's not really the issue. It's more about faults, or satisfactory quality. If the product is so hard to change pins to change settings, is that a quality a reasonable person would find acceptable? Again, it's not clear-cut but if other examples of the same machine are easy to adjust, it strongly supports that item being faulty.

Or, if other identical machines are as hard to use, but other makes or models of a similar price point are much better, then a case could be made that quality is not "satisfactory". Again, though, as it's arguable, ultimately only a court can decide.
 
Rifte said:
I used to work at an executive level for a couple of retail companies.

Trust me when I say that the others who posted about your rights are correct.

Also don't take no for an answer, refuse to pay a restocking fee, don't bother with the help centre guys go straight to the top ( however trivial you feel they might think your issue is). Find the CEOs email address on line and mail him everything.

Two things will happen

1)Someone from the executives offices will respond and assure you he/ she will fix it.
2)You will get your full refund

Unfortunately these days whenever I have an issue I make one phone call to the call centre, if they don't help I don't **** about anymore, I contact the CEO.
Click to expand...
As a strategy, I agree. But it's worth bearing in mind that using that strategy sometimes depends on the CEO (or whoever handles it fod him or her) just wanting it sorted and to go away. It is often the case that they will do things they aren't strictly required to.

On the other hand, where you do have a solid case, that technique often cuts through the hassle and motivates customer services because the instruction came from the boss.

It often works with big companies but is far less effective with smaller ones.
 
Aldav said:
DSR hascbeen replaced by the CCR, and a restocking fee is a non-starter but if the value of goods has been reduced by more than "necessary" handling buy the buyer, a deduction can be made to reflect that reduced value. What's "necessary" is effectively what you'd be allowed to do in a shop.

How many shops would allow goods to be part-assembled by a prospective customer? Not many.

On the other hand, it could be argued that shops have demonstration models for that exact reason, and that 5 minutes with an assembled model would have revealed the problem with stiff pins.

So there's a possible argument for both OP and retailer, and it needs a court to rule on it. It's not clear-cut.

As for fitness for purpose, that's not really the issue. It's more about faults, or satisfactory quality. If the product is so hard to change pins to change settings, is that a quality a reasonable person would find acceptable? Again, it's not clear-cut but if other examples of the same machine are easy to adjust, it strongly supports that item being faulty.

Or, if other identical machines are as hard to use, but other makes or models of a similar price point are much better, then a case could be made that quality is not "satisfactory". Again, though, as it's arguable, ultimately only a court can decide.
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#

in that case 2 miniutes snad paper and sctoch britte polsish the pins so they fit less snugly and oil them.
 
I have this gym and have used it for around 2 years with no issues. Moving a couple of pins is hardly a hardship.
 
Tefal said:
#

in that case 2 miniutes snad paper and sctoch britte polsish the pins so they fit less snugly and oil them.
Click to expand...

Should a consumer really have to modify a new product to be able to use it effectively for it's intended purpose? What happens in 3 months when it breaks and he tries to send it back/have it repaired but they refuse because he's "tampered" with it?

On a side note, are you always drunk recently or do you need a new keyboard? Your posts over the last few weeks have been really incoherent! :p
 
Haggisman said:
Should a consumer really have to modify a new product to be able to use it effectively for it's intended purpose? What happens in 3 months when it breaks and he tries to send it back/have it repaired but they refuse because he's "tampered" with it?

On a side note, are you always drunk recently or do you need a new keyboard? Your posts over the last few weeks have been really incoherent! :p
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Tbh from the sounds of it theyre a bit awkward to use but they work fine.

The solution was mroe for if he had to keep it.

Bit of lube will probbaly be best.

And nah its cause im on my phone and ive got fat finger/am wearing gloves a lot
 
Rifte said:
I used to work at an executive level for a couple of retail companies.

Trust me when I say that the others who posted about your rights are correct.

Also don't take no for an answer, refuse to pay a restocking fee, don't bother with the help centre guys go straight to the top ( however trivial you feel they might think your issue is). Find the CEOs email address on line and mail him everything.

Two things will happen

1)Someone from the executives offices will respond and assure you he/ she will fix it.
2)You will get your full refund

Unfortunately these days whenever I have an issue I make one phone call to the call centre, if they don't help I don't **** about anymore, I contact the CEO.
Click to expand...

I have applied this strategy for a few years now with great success. Especially with the likes of sky and virgin.
 
Maybe someone with this gym can confirm this, but there's a locknut that goes on the low cable through the u-bracket at the back, well this wouldn't go on without holding the the cable with a wrench and then tightening with another (left two threads showing above the locknut as instructed). Actually saw a video of a similar Weider model gym that did this.

Anyway managed to get it assembled, turns out the item is pretty much faulty though. Cable on one of the arms frayed instantly (nearly fully snapped) after about 10 minutes use (different cable to the above).

I contacted Weider about the first concerning issue and they got back a day later, they said they wanted more information (proof of purchase etc) before an engineer could give more info. By this time I already had the gym assembled and as I said one of the other cables on the arms has frayed/close to snapping.

As it stands I have not replied to Weider yet, have just phoned Littlewoods though and explained and they said I need to contact Weider and see if they will replace the cable if not they will have to return it.

The gym looks great once assembled but the Marcy one I had was built so much better than this one, it might not have looked as good but it was quality. There is even scuff marks on some parts from transit I guess, but the quality of the item is questionable or maybe I just got a bad one.
 
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