(21-12-13, 06:47 PM)Frosties link Wrote:Now....my way of understanding the law is that my contract is with Infinity and not some friggin importer! They have also attempted to fix the issue in the shop and its been sent back to the manufacturer so to me, they've had their chances to fix it and failed. This in my mind equals helmet not fit for purpose and money back please.
You're entirely right, your contract is with the seller and they should not try to pass you off to the manufacturer or anyone else.
The Sale of Goods Act says that goods must be as advertised, of satisfactory quality and fit for purpose, clearly this lid fails under the second and third test.
Additionally the Sale and Supply of Goods to Consumers Regulations say that if a fault appears within the first six months after purchase it is up to them to prove that the fault was not present at time of manufacture and, if they can't, you have the right to choose repair, replacement or refund.
Given that they've admitted there was a fault (by trying to fix it) and the lid is not fit for purpose, tell them you're returning it as such and want a full refund.
If they get shirty, talk to your local Trading Standards and also remember that, if you paid for it by Credit Card, under Section 75 of the Consumer Credit Act the card company is jointly and severally liable for the satisfactory completion of the contract.
ADDENDUM See: http://www.moneysavingexpert.com/shoppin...s-exchange for more info.
Don't let them fob you off, stick to your guns and get your money back! :thumbup