In May 2021, Ilse Sauwens goes to AS Adventure to buy a “Nutcase” bicycle helmet for her daughter. A purchase that costs 79.95 euros but that the mother of the family had at 68 euros thanks to a reduction.
“In December, a strap came loose. We returned to a chain store with the headset. There, we were told that they were going to contact Nutcase, ”explains the mother to our colleagues from HBVL.
At first, the AS Adventure team explains that the helmet will either be repaired or replaced with a new one, but in the end, nothing will be.
“We received a voucher worth 68 euros to spend at AS Adventure. But for that amount, we can’t even buy an identical helmet because it costs 95 euros,” says Ilse.
The mother does not understand. “The defect is within the legal warranty period and they still have this helmet in their range. Aren’t they obliged to provide us with a replacement copy? she wonders.
As Ilse Sauwens assumes, when a good presents a defect during the legal period of the guarantee, the seller must repair or replace it. “If this is not possible because the good is no longer available, the consumer can request a cash refund. A voucher may be offered, but the consumer is not obliged to accept it,” specifies the FPS Economy.
In addition, in the event that the helmet model is no longer available and there is another model even at a higher price, the seller can offer a replacement and ask the customer for the difference. A proposal that the customer can refuse if he wishes.
For her part, Ilse Sauwens was told by the store that she might request another helmet through customer service. “If the customer contacts us, we can place a new order for her at the same price as the voucher,” explains the chain. Ilse and her daughter received a brand new helmet for the same price as they bought it the first time.
