Go-Dive and drysuit (again)

[stewbie]

Following my leaking drysuit story, I took the new suit back to go-dive where they told me that the seals were too big.

Apparently 90% of the suits they sell have incorrectly fitting seals. All suits over a Large have XL neck and wrist seals.

My arguement was that the suit was obviously not fit for purpose, and as they had assisted with selection and fitting, they should be liable for cost to change. After all - if they can diagnose this when the suit is returned, why couldn't they have stated this was the case 1 week earlier.

Apparently not - they wanted to charge 60 quid for the the honour of changing the neck and wrist seals on the drysuit - ended up paying 40.

I'm still not convinced - I think that they should have done this free of charge. I'm also disappointed that they are knowingly prepared to sell an item to 90% of customers knowing that it is not fit for purpose.

Any thoughts folks - should I go down the trading standards route, or chalk it up to having chosen the wrong company with which to frequent.

Either way - not impressed with Go-Dive

[Martin Burnard]

I would do the following.

1/ Put complaint and required redress in writing,and send by recorded delivary, or hand deliver and get somebody to sign for it.

2/ Include that you wish to have a written response within 7 days.

3/ If you fail to hear from them ask for advice from Trading Standards (Office of fair trading).

4/ Consult a solictor on one of their free 1/2 hour consultations.

5/ Issue a small claims court action (cheap, easy, and fair)

From the info you have supplied I would not accept that I had to pay anything!!

But hey what do I know?

[hopper]

Ok IMHO (as a retailer), one of the problems that you have is that the Dry Suit is fit for use, just not by you. It would all hinge on the type of questions you asked when purchasing the suit.

If you specificaly asked the assitant if the suit was the correct size and fit for you then you have a claim. If you didn't I would say that you are on slightly 'dodgy' ground.

Having said all that as a retailer I would have come to 'some agreement' with you.

You stated that they wanted £60 for the alterations and you ended up paying £40. Was this reduction given because they accepted some responsibility or was it because you are a hard bargainer? If it was because they accepted some part of blaime I don't think you have a claim as you seem to have accepted their offer of 'compensation', but again I am a shopkeeper not a
Lawyer.

[Ding Dang Doo]

Think this is a your word agaist theirs situation...

If I was the retailer and had come up against this problem before (which they obviously have) I would be having words with my supplier (90% of the seals being wrong - problem of the supplier)

If I was the customer and had come up up against this problem, I would have done the same as you... had the same arguement... not been happy... not shopped with them again... the retailer is the one who will end up losing out in the long run, as unhappy customers have a habit of telling others...

Can't see you getting very far with this as you have accepted some form of compensation by agreeing the £20 'discount'... might not taste good, but the only way of showing your disatisfaction is to avoid shopping with them in the future.

3D

[pieater]

The Sale of Goods Act 1979, with it's subsequent "tweek", states that goods must be fit for the purpose and of satisfactory quality.

If you've walked in and said "I want a dry suit to fit me" and it doesn't, you've got 'em. (That's technical lawyer-speak that is).

Get the alterations done. Get the suit, then let 'em whistle for thier £40.

Hope this helps,

Martin

[hopper]

Originally Posted by pieater

If you've walked in and said "I want a dry suit to fit me" and it doesn't, you've got 'em. (That's technical lawyer-speak that is).

Thats assuming they said 'yes we have one that fits.'

If they said, in that case you need MTM but thats expensive and will take a long time, however we have one that should fit you reasonably well from our stock sizes but may need some alterations , then its not so cut and dried.

As Ding Dan Doo said, its basicaly your word against theirs and their staff members.

[Martin Burnard]

Look (stroppy head on)
If you ask for a drysuit for yourself, and it isn't, then no problem, you are cut and dry, clear cut, all the way in the right.

I run my own business, I have asked trading standards for their advice on items, I have been to the small claims court, its simple.

As a supplier I have to provide goods that do what is required, if the goods will not do as asked I have to ensure that I have clearly stated this on the invoice. The customer has then purchased the goods against my advice.

Your word against thiers is not an issue, you want a drysuit, it isn't, unless the invoice says " you will get wet because it doesn't fit!", in which case you MUPPET.

DO NOT BACK OFF.

All you want is a drysuit... its not too much to ask.. is it.... really....


However if it leaks because you wave your arms around like a windmill, and your head like something out of the Exorcist, then be fair and except it will leak.

In summary be fair, be honest, use your sense.

[hopper]

Originally Posted by Martin Burnard

Look (stroppy head on)
If you ask for a drysuit for yourself, and it isn't, then no problem, you are cut and dry, clear cut, all the way in the right.
I run my own business, I have asked trading standards for their advice on items, I have been to the small claims court, its simple.

[not in the slightest bit stroppy]What if the shop recommend a different suit to which I end up buying - we've all been there when we wanted something because we like the brand, because we percive it to be better than another etc. What if they say brand A is better for YOU than brand B? Both are dry suits, only 1 isn't!! (because the cuffs are bigger etc) But its the one I choose over the advice given, am I still clear cut all the way, I'm certainly NOT cut and DRY!

If we are talking about specifics, I recently had a customer who tried on over 10 pairs of trousers, they (his wife and him) finally decided on a pair that were cotton not the wool blends they had been trying because of the fit. I pointed out at the time that this pair was a totaly different product to what they had been trying, it would crease and was less formal that what they had originally asked for. They were fine with it, purchased the trousers and left.

3 weeks later, I now have a pair of 2nd hand trousers that have been returned because they crease, they are not suitable, they are not fit for use. I have provided the customer with a refund to the FULL cost of the trousers and I'm out of pocket. There is nothing wrong with the trousers, they are just not the type of trouser that the customer should have bought in the 1st instance and which they bought against my advice. They think that as the trousers creased (they were cotton) they were not fit for use, I think that as they were warned that cottons will crease they should not have returned the trousers but hey I'm in it for the long shot and a happy customer is more important to me than a pair of trousers.

IMHO, there is more to the sale of goods act than 'I want a dry suit, therefore . . . . .' The customer has to at some point take responsibility for their purchases. I am not by the way suggesting that STEWBIE is not doing this I am just suggesting that at times it is not as simple as 'I want a dry suit therfore'.

[Madfish]

Originally Posted by Martin Burnard

Look (stroppy head on)
If you ask for a drysuit for yourself, and it isn't, then no problem, you are cut and dry, clear cut, all the way in the right.

I run my own business, I have asked trading standards for their advice on items, I have been to the small claims court, its simple.

As a supplier I have to provide goods that do what is required, if the goods will not do as asked I have to ensure that I have clearly stated this on the invoice. The customer has then purchased the goods against my advice.

Your word against thiers is not an issue, you want a drysuit, it isn't, unless the invoice says " you will get wet because it doesn't fit!", in which case you MUPPET.

DO NOT BACK OFF.

All you want is a drysuit... its not too much to ask.. is it.... really....


However if it leaks because you wave your arms around like a windmill, and your head like something out of the Exorcist, then be fair and except it will leak.

In summary be fair, be honest, use your sense.

Woooowh - get her

Although, I do think you have a very good point Martin (somewhat 'forcefully' put though).........perhaps if Stewbie paid for the suit and the 'alterations' on his credit card, the card company may put a hold on the payment until it is sorted out, or cancel the transaction altogether - merchantable quality/fit for the purpose and all that jazz..

Now children, it is time for bed

Madfish

[Tony J]

Originally Posted by stewbie

My arguement was that the suit was obviously not fit for purpose, and as they had assisted with selection and fitting, they should be liable for cost to change.

So you tried this drysuit on in the shop and bought it. A couple of dives later you take it back and it is their fault that it is leaking because they helped with selection and fitting? Err I thought that a diver was responsible for his own kit.

Fit for the purpose? Difficult, it probably is fit for the purpose. If you have a few more cakes and pies it will fit like a glove!

I think if they are paying for 33% of the alterations because you are not a stock size then that is very good of them. if you want a perfect fit then buy made to measure not off the peg.