Returning a large heavy damaged treadmill bought online

M

MickFarr

Registered User
Messages
31
Hi,

On the 10/11/21 I bought a Proform Pro 5000 treadmill from FitnessDigital.ie for €1,599. I noticed on the shipping companys (Dachser) tracking website that they had marked it as "Packaging Damaged". When the treadmill was delivery on the 27/11/21 I noticed the box was badly damaged, so I wrote on the deliverey receipt that is was damaged. However after a visual inspection of the contents everything looked good. The product was assembled later that day and that is when the engine noise was discovered. I took video footage of the engine noise and sent an email the next day (28/11/21)

After 10 days I still hadn't received a reply so I filed for a chargeback on Revolut. Then the next day I received an email from FitnessDigital that they would only accept a return if I disassembled the treadmill and returned it in its original packaging. This would be reasonable enough if I was returning something I was not happy with or if I was returning something small but this is a 6 foot by 6 foot by 3 foot wide treadmill that weighs 151kg!

I cannot move this treadmill myself and I should not incur any out of pocket expense when returning a damaged treadmill? Does anyone know what I can do here. Revolut have sided with FitnessDigital and closed my case?

Thanks
 
Are they Irish based ? If so hiring a van with man for the day too deliver it back too them if Irish based might work out cheaper for you in the long run.
 
Unfortunately they are based in Spain. I made the mistake of assuming ".ie" would mean they had an office in Ireland. As far as I know they are still responsible for collecting heavy bulky objects from your house. They are insisting I have to dismantle it and package it in the original box which has already been disposed.
 
Some of these treadmills are a disaster when things go wrong. What would you have done if the rubber on the treadmill got worn, starts to turn very slowly and you trying to run/walk, rubber stalls completely, etc, etc? That's some of what goes wrong, pretty often I might add with these machines.
 
It depends on the grounds for sending it back. If it's just "I've changed my mind" then it's reasonable for them to ask for original boxing.

If it's defective then it's also reasonable that you'd have disposed of packaging after assembly.

Either way you have to bring it to doorstep for courier. You didn't pay for assembly on site.

I think you have to package it yourself in such a way that the courier can safely remove it. You can try billing the supplier for this but you might not get far!

I've toyed with the idea of a treadmill but would only buy one locally where you can have a relationship for repairs, faults, etc. More expensive but less likely to have issues like these.
 
I ordered an elliptical trainer from the same company and my experience was positive. The machine is still in perfect working order about 18 months later and it gets very regular use.

A €1,599 treadmill is top of the range and not run of the mill (pun intended). I would be expecting that it be delivered in perfect condition. I also think that it's reasonable for them to expect it to be packaged appropriately when it's being returned to them if only to prevent further damage from occurring.
 
Hello,

I think you'll need to disassemble the item and pack it, so it's ready for collection. While frustrating, don't let this distract you from the big picture - you've been sold a fault item.

I think the transaction is covered by the Consumer Rights Directive.

Send the vendor a registered letter, advising that the product is faulty and that you want an immediate replacement, or refund. I'd suggest that you reference the Consumer Rights Directive, as its EU wide.

Is they fail to replace or refund, I'd quickly be looking at legal remedies.

As for Revolut, I'd contact them again, tell them that your area in dispute with the merchant, and that you want the payment called back (assuming the vendor isn't resolving the problem). If they fail to assist, log a formal complaint with Revolut - no guarantees that you'll get anywhere, but it's worth a try. Ultimately, this is an example of where you'd probably have a little more protection, if it was a credit card purchase.
 

It was defective on arrival and they are not disputing this. They have also said that they will only refund if it is returned in the original packaging.
The only problem is I don't have the original packaging. This was marked as "Packaging Damaged" by the shipping company. I also took a picture and signed the shipping receipt as "Damaged". Everything looked good and the fault was only noticed when fully assembled.
 

I don't think it is actually possible to dismantle it fully after its been fully assemble. It is 6 foot high, 6 foot long and 3 foot wide and weighs 151 kilos. When you assemble it you have to do it in a specific order, for example its tells you not to snap the foot covers down until they bolts have been secured. These click into place when you apply pressure and cannot be removed afterwards. Also I would have thought returning large and heavy items would require help from the company you bought the product from.

Has anyone ever had to return a fridge, washing machine or tumble dryer in its original packaging after they have been given a faulty item? Why should this be treated any differently?
 

It is the Proform Pro 5000 treadmill and was about 700 euros cheaper than buying it anywhere else.

I agree with having to package small items in their original packing but there's no chance anyone could be reasonable expected to repack the treadmill back into its original package.
 
I think you should disassemble it as much as you can i.e. without removing the foot covers if they have been already snapped into place or anything else that would be damaged if removed.

I would package it as good as possible so that it can be transported safely.

If you are being reasonable they cannot ask for more than that.
 
I think the original poster is just refusing to accept the reality of the situation, now...

Spend part of the €700 that you saved, on some decent bubblewrap etc.
 

They will only accept it returned in the original packaging. The original packaging was damaged during shipping and has been disposed of and if I can't remove the covers from the bottom then the frame would never fit into the original packaging.

I don't feel they have been reasonable at all. The problem was reported to them by Dachser about the damage happening in transit and I replied with a video on the 28, it took them over 10 days to reply and they only did so after contacted by Revolut.

I've been polite in all my emails and they stopped replying to since Revolut sided with them on my chargeback
 
If the company aren't willing to deal with this properly and to your satisfaction and Revolut has denied your claim I can only see one option open to you and that is to file a claim under the "Sales of Goods Act" in the small claims court here and take it from there

I'm not sure what happens if you are successful against a foreign company with regards to getting your money back but the act is quite clear in it's wording that if you have bought a defective item it is the sellers obligation to "repair, replace or refund the defective item

And I seem to remember that from a discussion a couple of years back with ECC Ireland that the seller is also obliged to cover the costs of returning the defective item to themselves

Probably a bit late in the year now given Christmas is tomorrow but give the ECC a call or drop them an email in the new year and they will advise better

Home - European Consumer Centre Ireland

ECC Ireland is part of an EU-wide network with an important remit to provide advice about your consumer rights when buying goods and services in EU and associated countries.
www.eccireland.ie
 
MrEarl said:
I think the original poster is just refusing to accept the reality of the situation, now...

Spend part of the €700 that you saved, on some decent bubblewrap etc.
Click to expand...

I have no idea how you have come to that conclusion? I've been in touch with Revolut and I have opened a case with the European Consumer Centre, I think if anything it's FitnessDigital who are refusing to accept the reality of the situation now.

Also in regard to spending money the law states that if you receive a damaged/faulty product on delivery you should not incur any out of pocket expense to have the item repaired, replaced or refunded.

I am only posting here to see if anyone was in a similar situation to me, thanks
 

Everything you have said is correct and I have already been in touch with the ECC and they have opened a case for me. I have forward all the emails, pictures, and tracking information were it states that it was damaged in transit. What I'm trying to find out about here is the returning of the damaged treadmill. Its not reasonable to expect someone to try to repackage a 151 kg treadmill and I know I did come across a law does state "within reason".

The timing is not the best and I'll be waiting for an update from the ECC but so far they are on my side, I was hoping someone might know from experience but I guess I'll have to wait till they are back open in January.

The good news is I can still use it and thanks for your informed reply
 
What does the T&C have to say about returning items? It is pretty much the standard to return items disassembled and in their original packaging. And in this case you were even alerted to the possibility that you might have to return the item... I very much doubt you'll get far while refusing to comply with the terms and conditions for a return.
 
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