Advice Please

Sent an email to https://www.eccireland.ie/.

6 working days for a reply.

I'll let you know when they reply.

Thanks

and then

Good afternoon,

Thank you for your email!

Like we've stated in the previous email, we, as the manufacturer, have a 1 year of standard warranty with the possibility of extension if the unit is being registered online within 28 days from the date of purchase. In this case, the unit was not registered, therefore it only had 1 year of warranty.

Please see our warranty terms here: https://www.proformfitness.co.uk/customer-service/warranty-information

Warranty upgrades are available on certain ProForm products subject to registering your warranty within 28 days of purchase by either completing and returning the warranty card (included in the box) or by registering your details here.

The online registration was only made this year, on 18/11/2020 when it should've been made back in 2019, within 28 days from the date of purchase.

All the details about the warranty and the warranty extension are being supplied in the instructions manual, on the warranty card and on our website. The customer's warranty has expired on 02/09/2020.

The customer can contact our authorized engineers in his location as they would be able to advise about the costs of a repair/appointment. Their contact details are as follows:

Gymfix
Telephone number: 00353 872511678
Email address: service@gymfixireland.com

Kind regards,
Michael M.

Pkiernan wrote: »

Ideal for Small Claims Court against the retailer.

Graham wrote: »

European Small Claims Procedure (€25):

https://www.courts.ie/european-small-claims-procedure

https://www.citizensinformation.ie/en/justice/courts_system/european_small_claims_procedure.html#

At this stage would I claim for cost of fix??

so;
Good afternoon Sir,

Please be aware that, as written on the warranty registration card that you should have received with your fitness machine once it was delivered, you should have registered your machine with us, within the 28 days from the date of purchase.

If not, you only had teh standard warranty (for 1 year).

Unfortunately, we could not find any record of your warranty registration request last year. In consequence, we will have to deal with your service request out of warranty.

If you have any proof that you have sent us the warranty form / request in due time, last year, please provide it to us.

Thank you for your understanding!

Kind regards,
Cleo D.

then

Dear Mr. Tin,

Thank you for contacting the European Consumer Centre in Ireland (ECC Ireland).
ECC Ireland offers free information and advice to the public on their rights as consumers in the European Union, assisting consumers with cross-border complaints. As part of a network of 30 centres co-financed by the European Commission and the Competition and Consumer Protection Commission, ECC Ireland is also involved in a number of pan-European projects. Please note that our services are strictly out-of-court and we do not have any sanctioning or enforcement powers.

I note from the problem description the nature of your complaint concerned a fault in the treadmill purchased.

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In relation to your query please be informed that under the Sale of Consumer Goods and Associated Guarantees Directive 99/44/EC the final seller must deliver the goods to the consumer in conformity with the contract of sale. Hence, in the event of a lack of conformity (i.e. flowers delivered were not as described) at the time of delivery, the consumer may request to have the goods brought into conformity, and in this case by to have the item repair or replaced, at no additional cost, or even to have the contract rescinded if the mentioned remedies cannot be completed within a reasonable time or without significant inconvenience to the consumer.

In relation to the lack of conformity, please note that consumer protection law provides for a reversal of the burden of proof during the first 6-months. During this time there is a rebuttable presumption that an alleged lack of conformity (e.g. faulty goods) existed at the time of delivery, unless the trader proves otherwise, or the alleged defect is incompatible with the nature of the product. After the initial 6-month period, though, it is for the consumer to prove the claim.

Please also note, a manufacture warranty/guarantee, are generally given for a certain period. The manufacture warranty/guarantee are additional protection to consumer rights and not in substitution to consumer statutory rights.

Although provided on a voluntary basis, is legally binding on the seller under the condition laid down in the warranty/guarantee instrument. (i.e. the conditions under, and period during, which the guarantor will repair, replace, or other compensate for, the defective item).

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Please note that when consumers seek to avail of the said manufacture warranty that wave your entitlement under the legal warranty provided under statute which provide the consumer two year from which to seek remedies under Directive 1999/44/EU as outline above.

In order to further asses your case I would appreciate if you can provide me with the following:
• Invoice receipt.
• Email sent to and received from the seller regarding the fault and
• Any other writing information that may assist your case.

I hope the above information would prove to be of assistance.
Yours sincerely,

Julitza Hernandez | Dispute Resolution Adviser
European Consumer Centre Ireland | MACRO Centre, 1 Green Street, Dublin 7, D07 X6NR
General: +353-1-8797620 | Fax: +353-1-8734328 | www.eccireland.ie | @eccireland

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