By Michael S.
One of the worst customer service experiences I’ve ever had. I purchased a $450 Treasure Garden market umbrella From Fresh Home & Garden which snapped in half 8 days after I brought it home. When I went back to return it, I was told by the store’s co-owner that they don’t warrantee the product and that I was basically out of luck. This was not mentioned at the time of purchase, nor is it indicated anywhere on the receipt. I had to ask for the manufacturer’s contact info to see if I could submit a claim directly. Instead, my claim was forwarded to the local Treasure Garden dealer who informed me that “Treasure Gardens warranty specifically states that acts of nature …are not covered by their manufacturer’s warranty.” As of April 23, 2010 I still have not received a copy of this warranty, nor have I received any satisfactory resolution to my claim. Upon further investigation, I was able to find the same umbrella through Amazon.com for $149. Obviously I was duped by a unscrupu
 lous retailer whose outrageous markup practices lulled me into believing I was buying a higher quality product than I actually received, as well as a manufacturer whose warranty protects no one but themselves.
Damage Resulting = I’m out $450. The retailer has since offered to sell me a replacement for $225 which would put me out $675 for an umbrella which is obviously not worth a cent.
nunu says...
This comment might come a bit too late, but you should look into the Sale of Goods Act. It’s essentially a statutory warranty that is included in all contracts of sale unless it was expressly excluded (i.e. in your receipt)
Under s18c of this Act, there is an implied condition that the goods will be durable for a reasonable period of time having regard to the use to which they would normally be put and to all the surrounding circumstances of the sale or lease.
You said you were not provided with a copy of the warranty provision upon your purchase, and I assume you were not made aware of the warranty provision either. Hence, they can hardly argue that this Act was excluded.
All you need to do is go back to the seller of the umbrella with a copy of the Act.
Hope this helps!