Does UK consumer law prohibit sellers from providing no warranty on atomizers? ie. should we expect attys to be of a saleable quality when purchased? TIA
UK consumer law on attys?
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I am almost certain that normal UK consumer law applies whatever...Sales of goods act states goods must be "fit for the purpose" etc....Its the law lol
buying goods - your rights - Trading Standards Institute
buying goods - your rights - Trading Standards Institute
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So if a company sells you an atty (not a 5 pack), and 36hrs later it dies with normal use, then it should be covered by some kind of replacement warranty?
I just want to cover this paradox once and for all, that you cannot be sold a duff item in the UK and have no comeback on it if it packs up on you in an unreasonably short period of time?
I just want to cover this paradox once and for all, that you cannot be sold a duff item in the UK and have no comeback on it if it packs up on you in an unreasonably short period of time?
It would be my understanding that any UK company is covered by the sales of goods act Scribbles. There is a link there to consumer services and they link directly to your local trading standards. I would give whatever company it is one last chance to sort it out for you and then follow it up and see what happens. I don't think any company governed by UK law can offer goods with no warranty. You have statutory rights that cannot be effected and 36 hours is certainly not fit for purpose. I can't understand why any company would not just exchange that for you as an act of goodwill anyway tbh
Consumer Direct - The Sale of Goods Act 1979 as amended
Consumer Direct - The Sale of Goods Act 1979 as amended
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Even if it is in a 5 pack it should be covered. You can't just opt out of UK law as suits & I'm surprised that some companies have got away with it for so long.
The crux is how the item is described. DOA is certainly a replacement/refund event. However, if the vendor describes the atty as being "consumable" - that is, prone to failure in a relatively short span of time (as in it is generally recognised that an atty has a useful life of less than two weeks) and will almost certainly fail more quickly than that if used at higher than nominal voltage (that is 3.6/3.7 volts), then the test is whether or not the failure falls within the standard deviation from expected norms.
I tend to view atties like light bulbs (not those new fangled flourescent types!) - they are, after all, a heating element reliant for longevity on being kept quite wet. Running one dry can kill it instantly, much like a light bulb can pop just because it was switched on in a really cold room.
That said, for my own use, I take a swings and roundabouts approach. I've had atties pop after three days, and I've had atties carry on working like trojans for two or three months. I've had atties run at 6v for a couple of weeks, and atties from the same batch pop first time (when I'd neglected to drench them in e-liquid before firing them up).
I know of quite a few folks that expect no more than a week out of an atty, too. So, the "fit for purpose" thing is a very strange test to administer in this case.
Like I say, DOA is easily sorted - it's dead, it gets replaced. If the expected lifespan is a week, and it dies in three days, it's not so easy.
However, if it's a Janty warranted unit, you've got a completely unfeasible 6 months to keep getting a new atty every week when the one you're using fails. And it will fail long before the 6 months is up.
I tend to view atties like light bulbs (not those new fangled flourescent types!) - they are, after all, a heating element reliant for longevity on being kept quite wet. Running one dry can kill it instantly, much like a light bulb can pop just because it was switched on in a really cold room.
That said, for my own use, I take a swings and roundabouts approach. I've had atties pop after three days, and I've had atties carry on working like trojans for two or three months. I've had atties run at 6v for a couple of weeks, and atties from the same batch pop first time (when I'd neglected to drench them in e-liquid before firing them up).
I know of quite a few folks that expect no more than a week out of an atty, too. So, the "fit for purpose" thing is a very strange test to administer in this case.
Like I say, DOA is easily sorted - it's dead, it gets replaced. If the expected lifespan is a week, and it dies in three days, it's not so easy.
However, if it's a Janty warranted unit, you've got a completely unfeasible 6 months to keep getting a new atty every week when the one you're using fails. And it will fail long before the 6 months is up.
There is a wee problem I see here. What do you class as working and what is faulty?
Is it reasonable to expect an attie to "break in" over a few days?
If so when would you class it as Dead on arival.
If "dead" it is as simple as the coil has popped then I have never had an attie die.
do you get my point?
I have had 401 atties last months (and now 1 titan) I have had however a 401 that took two days to break in lasted about 1-2 weeks then trailed off to rubbish.
I have had a mirriad if titan atties that just never got eaven started. I think if you pay in excess of £8 for an attie it should have a 28 warranty.
just my tuppence worth
Is it reasonable to expect an attie to "break in" over a few days?
If so when would you class it as Dead on arival.
If "dead" it is as simple as the coil has popped then I have never had an attie die.
do you get my point?
I have had 401 atties last months (and now 1 titan) I have had however a 401 that took two days to break in lasted about 1-2 weeks then trailed off to rubbish.
I have had a mirriad if titan atties that just never got eaven started. I think if you pay in excess of £8 for an attie it should have a 28 warranty.
just my tuppence worth
Just don't buy them at all. Simple. Smoke Cigarettes. They are much less expensive. My brand was Kensitas Club King Size. They are only £5.70 for Twenty at the moment and they last for at least half a day for me. They are completely disposable. As far as i know they don't carry a Warranty but they are Legal. So for me they are a bargain at £11.40 a day. I'm going to start buying them again because in July I won't need an Atomiser 'cause i don't like PG of whatever flavour by it'self.
Another way to solve the problem would be to phone Trading Standards and complain about the Dealer of these drug delivery devices. I'm sure they would be very pleased to have a reason to shut the Dealer's criminal activity down. It would also test the theory that the MHRA are stepping in because"the Trading Standards don't want to regulate them" even though the regulations are in place and being complied with.
Another way to solve the problem would be to phone Trading Standards and complain about the Dealer of these drug delivery devices. I'm sure they would be very pleased to have a reason to shut the Dealer's criminal activity down. It would also test the theory that the MHRA are stepping in because"the Trading Standards don't want to regulate them" even though the regulations are in place and being complied with.
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Deewal, a wee bit harsh, no?
The idea of the cheep 5 pack was save us bods from importing from china direct. You import some cheep atties from china and one or two dont work you are not going to send them back are you?
As far as I'm aware if they are DOA the company in question will replace them. My 5 pack I bought from them were OK, not brillient but OK.
I tend to buy atties from companies that offer the 28 day warranty. That being said I have reasently bought atties from LF £5.99 Bargin.
I am now toying with the cartos.
By the By I have still to find an e cig that satisfies as much as an analogue (even at 52mg). to me they are methadone. But it gets me by.
The idea of the cheep 5 pack was save us bods from importing from china direct. You import some cheep atties from china and one or two dont work you are not going to send them back are you?
As far as I'm aware if they are DOA the company in question will replace them. My 5 pack I bought from them were OK, not brillient but OK.
I tend to buy atties from companies that offer the 28 day warranty. That being said I have reasently bought atties from LF £5.99 Bargin.
I am now toying with the cartos.
By the By I have still to find an e cig that satisfies as much as an analogue (even at 52mg). to me they are methadone. But it gets me by.
This is what I thought. Consumables are just that, consumables. They have no lifespan as such, just that they are fit for consumption. Hard goods like attys should have an expected lifespan and should NEVER be DOA. How can a DOA atty be a bargain just because it was cheap? It's a rip-off if it doesn't work.
I expect an atty at the very least to run for 3 days at 3.7v. Less than that and it gets swapped. They get replaced regardless if DOA, even if it was in a 5 pack. If the supplier has a problem with that, then i'll consult UK trading standards on the matter. e-cig suppliers can't expect to be exempt from UK consumer law just because the website says so. The T&Cs of a purchase have to be reasonable, in that the product should work on arrival.
My 501 atties last for months, true, I soak them in IPA when they start to go off a bit.
Any company selling the LR atomisers, for their own brand of ecig should be prepared to give a warranty of at least a couple of weeks surely.
I've just had a TW LR atomiser fail (open circuit) in less than 10 days - TW won't even consider replacing it - at over five quid a pop, I think that's totally unacceptable, especially now that Eastmall are supplying bulk LR atties at $3 each - I know who's going to be getting all my business in future.
Barry
Any company selling the LR atomisers, for their own brand of ecig should be prepared to give a warranty of at least a couple of weeks surely.
I've just had a TW LR atomiser fail (open circuit) in less than 10 days - TW won't even consider replacing it - at over five quid a pop, I think that's totally unacceptable, especially now that Eastmall are supplying bulk LR atties at $3 each - I know who's going to be getting all my business in future.
Barry
As i said previously, I spent £11.40 a day on Cigarettes (it would be more now as they've gone up and will go up again on the 22nd of this month)
and you think that ten days for a fiver is unreasonable. In those same ten days i would have spent over £114.
What are you going to do if you get duds from Eastmall ? Send them back to China for replacement at your cost ?
You are correct in the fact that you will be getting all of your supplies in the future from outside the UK (as will we all) so expect those prices to rise and be prepared for Customs siezures.
Buy all means complain to TS about your UK supplier's. They are ready and waiting for the slightest excuse to shut down the whole lot of them.
"You don't know what you got, until you lose it"- John Lennon
You know what Deewal? you sound just like a bad supplier, one that has a vested interest in screwing as much out of the consumer as possible.
I really dont give a tinker's toss how much you used to spend on cigarettes, we all used to spend a fortune on cigarettes - so what?
The fact is that ALL the bloody atomisers and most of the e-liquid available in the UK is from 3 or 4 manufacturers in China - the difference between UK and Chinese suppliers is in the amount they charge for what is essentially the same thing.
I have also dealt with David Yang for nearly two years, I buy all my e-liquid from him, at a quarter of the price of most suppliers in the UK, I have also bought a lot of hardware from him over this period, and, on the odd occasion when something has not been up to scratch, it has been changed promptly.
Have a nice day
Barry
I really dont give a tinker's toss how much you used to spend on cigarettes, we all used to spend a fortune on cigarettes - so what?
The fact is that ALL the bloody atomisers and most of the e-liquid available in the UK is from 3 or 4 manufacturers in China - the difference between UK and Chinese suppliers is in the amount they charge for what is essentially the same thing.
I have also dealt with David Yang for nearly two years, I buy all my e-liquid from him, at a quarter of the price of most suppliers in the UK, I have also bought a lot of hardware from him over this period, and, on the odd occasion when something has not been up to scratch, it has been changed promptly.
Have a nice day
Barry
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