marc A.
I purchaseA Fraudulent Company with Faulty Products and Poor Serviced a high-end product…
I purchased a high-end product (Scubajet Pro) from MOVESEA in June 2023 for €2,094.21. The delivery was delayed, which meant I couldn’t use it during the intended season. When I finally used it, the product was defective. MOVESEA directed me to the manufacturer, who replaced a part. However, the following summer, a new issue emerged (the battery was unusable), rendering the product completely non-compliant and unusable. MOVESEA’s customer service has been appalling. They asked repetitive and redundant questions over countless emails, seemingly trying to discourage me from pursuing the issue. After running out of questions, they stopped responding entirely, which is unacceptable. Despite paying a significant amount for the product, I am left with a defective item and no resolution. I strongly recommend avoiding MOVESEA at all costs. Their lack of accountability and disregard for customer rights is shocking.
Response from MOVESEADec 5, 2024
Dear Marc, Thank you for your communication and the detailed information provided. We have carefully reviewed your case and wish to provide a thorough response, considering the warranty terms, the European Directive 1999/44/EC, and the specifics of lithium battery usage. 1. Lithium Batteries and Warranty Terms Lithium batteries are consumables whose performance degrades over time due to chemical processes. To ensure proper functionality: Regularly monitor the charge level and avoid deep discharge. Follow the manufacturer’s charging and usage guidelines. Adhering to these conditions is the user's responsibility. Damage due to non-compliance is not covered by warranty. Lithium batteries have a limited warranty of 6 months from purchase. Your battery was purchased in August 2023, and issues were first mentioned in summer 2024, exceeding the warranty period. Under Article 5(1) of Directive 1999/44/EC, defects must be reported within the warranty period, and under Article 5(3), within a reasonable time after discovery. The warranty has expired, and the delay in reporting prevents us from considering your case under warranty obligations. 2. Obligation to Notify and Return the Product Under Article 3(2) of Directive 1999/44/EC, sellers must repair defects, provide replacements, or offer refunds if the product is non-conforming. Consumers must: Notify the seller of the defect within a reasonable timeframe. Return the product to seek a refund. You requested a refund but: Did not state your willingness to return the product. Did not provide the product for inspection or repair. Under Article 3(3), the seller may deny a refund if the product is not returned. Refunds cannot proceed without the product's return. 3. Lack of Evidence for the Claimed Defect You claim the battery discharges quickly but have not provided: An independent assessment or evidence confirming a manufacturing defect. Supporting materials like videos or diagnostic reports. Under Article 2(2), defects must be proven for repair, replacement, or refund. Your claim relies solely on unverified statements, insufficient to establish a defect. 4. No Other Issues with the Product You only mentioned the battery issue, confirming no other reported defects. Additionally, a prior motor issue was resolved directly with the manufacturer. However, under Article 3(1), you should have contacted us, the seller, to register the issue. Directly approaching the manufacturer complicates the resolution process. Conclusion We cannot fulfill your refund request for the following reasons: The warranty period has expired, and the defect was reported beyond a reasonable timeframe. You have not stated your willingness to return the product, a mandatory refund condition. The alleged defect is unsupported by evidence. Lithium batteries degrade naturally over time, which is not covered by warranty. We regret that the device did not meet your expectations. However, based on applicable legislation and warranty terms, your request cannot be granted. References to Directive 1999/44/EC: Article 2(2): Non-conformity of goods. Article 3: Rights to repair, replacement, or refund. Article 5: Warranty periods and notification requirements. If you have further questions, please contact us.