Is there a legal problem here? Background:

Company X makes a product.
The product is marketed towards women.
Product has a 1-year warranty.
The company knowingly sells the product to both women and men.

If the product breaks however, Company X has stated that they will not honor warranty requests if the product was used/broken by a male.

So...can they do this? Is there any recourse for the male consumer...other than not buying the product in the first place?

4/8/2008 3:33:34 PM

sounds like they are going with the "if a guy is gay enough to use this, he wont file a claim cause he will be admitting hes a faggot" routine

4/8/2008 3:38:02 PM

Pink hammer? What was it?

4/8/2008 3:42:51 PM

Is this an oven? Washing machine? Clothes Iron? What

4/8/2008 3:56:02 PM

Field hockey stick?

4/8/2008 4:12:13 PM

ohh gunzzz sometimes produce X needs to be outed.

4/8/2008 4:15:26 PM

There are too many variables here. I could see where improper or unintended use could void a warranty in certain instances, but to tie that with sex would be difficult. We need more info.

4/8/2008 4:27:37 PM

^^^ pretty positive field hockey sticks don't have 1 year warranties.

4/8/2008 5:23:28 PM

was it stated that it's only to be used in a certain way

was it stated that it's only to be used by a female (regardless of who buys it)

can it be proven that a male used it

4/8/2008 5:23:32 PM

Good luck if the company is out of the US

4/8/2008 5:28:34 PM

Is this a dildo/vibrator/etc ?

4/8/2008 6:21:50 PM

I dont really want to specify the company, and the product is clearly tied to the company....so what other details could i provide that would be helpful?

Its not a vibrator or sex toy and like gunzz said, this isnt chit chat

This is a recreational product

As for intended usage, both males and females use the product in the same manner. There is no difference in usage. The "reasoning" for the male v. female argument from the company is that females dont/wont stress the product in the same way that males would, using it for the exact same activities. Or that males would be categorically more demanding of the product.

Ok....for the discussion, lets say that the product is a 2008 BMW 335i Sedan, red, bone stock.

Go!

4/8/2008 6:30:32 PM

but it's not. it's probably one of those gay bikes where you pedal with your hands, or it's hot pink ab ball that you popped.

4/8/2008 6:33:27 PM

You may have grounds for a lawsuit.

If these are elastic bands, please tell me, as to avoid the brand.

[Edited on April 8, 2008 at 6:43 PM. Reason : men are more likely to use them w/ free weights (squats, bench, deads)]

4/8/2008 6:36:25 PM

aha, that's it. I snapped one a while back and it left a welt on my neck lol

4/8/2008 6:38:56 PM

Quote :

"Ok....for the discussion, lets say that the product is a 2008 BMW 335i Sedan, red, bone stock. "

you meant to say 325i because you just posted a mans product that if used by females would severely put her and others around her in danger.

4/8/2008 6:57:50 PM

look it really depends on the product. you won't get a good answer without posting the product.

4/8/2008 7:00:42 PM

Quote :

"sounds like they are going with the "if a guy is gay enough to use this, he wont file a claim cause he will be admitting hes a faggot" routine"

ahahha dnl wins thread

4/8/2008 7:02:30 PM

Quote :

"look it really depends on the product."

Oh? How so? How does a male use a pencil any differently than a female?

Toaster?
Jump rope?
Swimming goggles?
Paintball gun?

Not trying to be a dick, I really do want to understand why knowing the specific product is important in this case?

4/8/2008 7:06:56 PM

Quote :

"This is a recreational product"

I wager it's some sort of volleyball or softball.

^Knowing the product is important because it helps convince people like me that you aren't just making up some ridiculous "what if" scenario.

Maybe you could help me know why it's important to protect the company.

[Edited on April 8, 2008 at 7:15 PM. Reason : -]

4/8/2008 7:11:50 PM

because as ppl have said, there are physiological differences between men and women. if it is designed for the low tolerances of a woman and you break it, tough shit.

[Edited on April 8, 2008 at 7:13 PM. Reason : for example, perhaps it is cheaper to produce that way so they can afford the warantee]

4/8/2008 7:13:21 PM

Boys do pencil fights and put small animals in toasters & cetera.

We can all throw up some vague judgement based on the expansive circumstances you've given us, but if you really want help you'll have to provide more detail. The company can "knowingly" sell a product to man under the assumption that it will be used by or given to a woman. The product's shell or casing might be sensitive to the presence of testosterone. :p

4/8/2008 7:14:27 PM

maybe he's taking the pill and mad that he is still gonna be a daddy.

4/8/2008 7:17:31 PM

i dont know what problem the company is having with you. B/C you are clearly acting like a bitch right now.

Just tell us the fucking product

4/8/2008 7:30:25 PM

hmm, coulda sworn this was the lounge

oh well, thanks tww

4/8/2008 7:39:29 PM

Are you fucking retarded? People are asking questions and you don't answer or are vague. The Mod of this forum asked you 3 specific questions. GTFO.

4/8/2008 7:42:46 PM

[Edited on April 8, 2008 at 8:06 PM. Reason : -don't want to be rude ]

4/8/2008 7:45:49 PM

maybe this is a stupid question, but how would the company know the product was used by a male? don't you know any women who can say they broke it?

4/8/2008 8:12:17 PM

its a bra/pantyhose/article of women's clothing

4/8/2008 8:59:53 PM

say your woman broke it and get a refund

4/8/2008 9:06:10 PM

Quote :

"was it stated that it's only to be used in a certain way was it stated that it's only to be used by a female (regardless of who buys it) can it be proven that a male used it "

There is only one way to use the product. There is not the possibility of a warranty if the product was purposely misused.

All that was stated by the mfg is that the product is "female specific", however does not state that it must only be used by a female.

Proof of ownership is more or less determined by who paid for the bike, the name on the receipt.

Quote :

"Good luck if the company is out of the US"

Product and company are US based.

Quote :

"If these are elastic bands,"

It is not elastic bands.

Quote :

"you meant to say 325i because you just posted a mans product that if used by females would severely put her and others around her in danger."

My bad

Quote :

"Maybe you could help me know why it's important to protect the company."

I am a dealer for the manufacturers product and dont want to tarnish our reputation with them. The company is great otherwise, I am just worried that this may be setting both me and the mfg up for possible issues down the road.

Quote :

"The company can "knowingly" sell a product to man under the assumption that it will be used by or given to a woman. The product's shell or casing might be sensitive to the presence of testosterone."

No sensitivities to testosterone. Sure the product can (and likely is in some cases) be sold to a male to be given to a woman, but in this case, the mfg knows that males are using the product specifically.

Quote :

"Are you fucking retarded?"

Nope, just trying to protect myself, my company, and the mfg that I distribute product for. Stop the troll crap please.

Quote :

"maybe this is a stupid question, but how would the company know the product was used by a male? don't you know any women who can say they broke it?"

While dishonesty does exist, I am asking this from an ideal situation standpoint. Sure people will try to get around the warranty issue by doing this, but like I said above, Im trying to watch my ass and figure out the possible conflicts before warranties start becoming an issue (if they do at all...there might not be a need for a warranty to happen in the first place, but ya never know)

4/8/2008 9:09:36 PM

Guys, is it me, or are people blind? He already named it:

Quote :

"aha, that's it. I snapped one a while back and it left a welt on my neck lol"

In response to:

Quote :

"If these are elastic bands, please tell me, as to avoid the brand."

4/8/2008 9:10:49 PM

OK, I don't WTF is going on:

Quote :

"It is not elastic bands."

Also:

Quote :

"Proof of ownership is more or less determined by who paid for the bike, the name on the receipt. "

But let's see, he is gonna post again denying it is a bike, just as he admitted it was elastic bands and then denied it.

4/8/2008 9:13:34 PM

WHAT? sd2nc replied about the bands.

Are they one in the same?

4/8/2008 9:24:20 PM

its a womans bike...are you sure the warranty doesn't cover damaged nuts vs the product itself?

4/8/2008 9:36:36 PM

^^ oh shit.

sorry. 2 different users. i confused their screennames.

but the OP did say this:

Quote :

"Proof of ownership is more or less determined by who paid for the bike, the name on the receipt. "

so he was using a woman's bike?

4/8/2008 9:42:43 PM

haha

he took a girl bike on a halfpipe and broke it

4/8/2008 9:49:21 PM

aha

dude tried to use a breast pump on the penis.

4/8/2008 10:52:20 PM

Regardless this sounds like something you should ask your lawyer.

That said, I dont see how should any guy ever break it and find out if women ask that the warranty is upheld, it isn't going to backfire horridly on you.

This goes double if the warranty itself does not have such a statement about the gender of the owner, which is probably illegal to state. But if it doesnt have it, and a male could use it in the intended manner - I think you're in for getting screwed.

4/9/2008 1:15:25 AM

Quote :

"Sure people will try to get around the warranty issue by doing this, but like I said above, Im trying to watch my ass and figure out the possible conflicts before warranties start becoming an issue (if they do at all...there might not be a need for a warranty to happen in the first place, but ya never know)"

i think that you are setting yourself up for lawsuits by making the warranty on your product gender specific. if your product was ready for distribution, it would be able to withstand any punishment whether it is from a 120 lb male or 350 lb female. i just see lawsuits in your future. but then again if you actually came out and said what it is you are selling, this whole game would be easier.....

(esp in your first post where it says that "Company X has stated that they will not honor warranty requests if the product was used/broken by a male."

HOW ARE YOU GOING TO PROVE WHO BROKE THE PRODUCT?????? I can just say that my wife/fiance'/girlfriend/mother/grandmother/aunt/sister/daughter/friend's gf/ or any combination of the above if i was from west virginia and say hey i need a replacement b/c they broke it.







[Edited on April 9, 2008 at 2:54 AM. Reason : ...]

4/9/2008 2:47:26 AM

Okay, I'm guessing it's either Terry or Trek, probably Terry because they are a women's specific bicycle company.

I think it's fucking retarded and will get them in some serious shit. I was harder on my bicycles than most guys, and a lot of the reason that I didn't buy a women's bike (other than them not fitting me) is that I was afraid they might not be built as strong.

PM me the name of this company please.

If I were selling these things I'd consider dropping the line, if you won't then at least have a form people have to sign saying you warned them about this fucked up policy.

4/9/2008 9:04:39 AM

bike huh.... well i'm sure it stated somewhere in the fine print that certain parts had certain stress limits that you seemingly ignored... so... sucks to be you, you now have a broken girls bike

4/9/2008 9:13:27 AM

anyone know why girls bikes are even still made?

I mean, isn't the only purpose of a girls bike to make it easier to get on while wearing a dress?

and even then, why "girls" bike? don't guys ride bikes in kilts? no?

4/9/2008 9:49:04 AM

Quote :

"anyone know why girls bikes are even still made? I mean, isn't the only purpose of a girls bike to make it easier to get on while wearing a dress? and even then, why "girls" bike? don't guys ride bikes in kilts? no?"

Welcome to the 21st century, women's bikes now have straight top tubes but different geometry. Thankfully the unisex ones fit me better, since there are more options and they are easier to find used.

4/9/2008 10:01:47 AM

Quote :

"different geometry"

but different body types are explained by more that simple sexual dimorphism, right?

what's wrong with simply having small, medium, large and other sized or shaped bikes, irrespective of "women"?

frankly, it doesn't make any sense to me; I think it's all about marketing [and implicit sexism]

same with shoe and clothing sizes

4/9/2008 10:16:53 AM

thatn

4/9/2008 10:47:04 AM

Quote :

"Are you fucking retarded?"

Quote :

"Nope, just trying to protect myself, my company, and the mfg that I distribute product for. Stop the troll crap please."

Nope, you're retarded. An individual with any modicum of intelligence would realize that attempting to get a concrete answer to such a vague question is, in fact, retarded. Furthermore, if this could have legal reprocussions for yourself or your buisness it is even more important that you consult an attorney & present all relevant information.

*On top of that, you slipped up & and said bike. So we all know you're a dumbass.

[Edited on April 9, 2008 at 11:05 AM. Reason : *]

4/9/2008 11:02:23 AM

Quote :

"but different body types are explained by more that simple sexual dimorphism, right? what's wrong with simply having small, medium, large and other sized or shaped bikes, irrespective of "women"? frankly, it doesn't make any sense to me; I think it's all about marketing [and implicit sexism] same with shoe and clothing sizes"

I agree that it's sexism, and there ARE men that would fit a "women's" bike better than a "men's" but won't have the chance to get the bike that fits them best thanks to the sexist labels for differing geometry and stupid warranty policies like this.

Women's shoes are narrower than men's. I wear men's motorcycle boots because I can wear a men's 7 and get them freakishly cheap. Clothing, well as soon as men start growing boobs and larger hips then their clothes might fit me.

4/9/2008 11:16:49 AM

an ex-gf of mine used to wear nearly all my clothes, all the time

she had "girly" stuff too, but was really a "boxer shorts" kind of girl (my boxer shorts)

haha we also bought matching [mens] mountain bikes

4/9/2008 11:33:30 AM

Okay, you can date women that are impossible to discriminate from men, and I'll stay far away from you.

Nothing wrong with a woman buying a women's bike if it fits better, BUT so many women are encouraged to get the women's bikes when a unisex would actually fit them better.

Men are really getting the short end of it here. There are the plain looking unisex bikes, the flowery pink girly bikes, but no guy bikes with some T&A or spiderman or something on them.

4/9/2008 11:46:53 AM