help with consumer rights re: faulty goods

dawnierobbo

Hi
I bought a dress in March 2008 from debenhams for a £100, this is a ball gown which i bought to wear to a ball this December.
I tried it on again yesterday and noted a rip in the lining at the back of the dress.
I phoned Debenhams call centre to ascertain my rights and they said take it back to the store and its up to them, all the above was explained.
Once at my local store today they said i only have upto 6 months to return faulty items.
I am really annoyed because at £100 i expect the dress to be faultess, but they said there is nothing more i can do, i am annoyed i trekked into town as well when i should have been told this by the call centre.
Any advice, welcome.
Thanks
D

Tozer

They are wrong. However, the burden of proof is on you to prove that the rip was there when you bought it.

Keep pushing it - Debenhams will eventually cave.

dawnierobbo

Hi
Thanks i did try my best today and a supervisor was on the next till and did hear my complaint.
They could see that is was unworn and all the tags were intact.
Do you think a call or email to the store manager might help?
Thanks

baddiebasher

The 6 months bit is complete nonsense.

You will be looking at s. 14 of the Sale of Goods Act - not of satisfactory quality. As Tozer said, it will be for you to prove that the goods were not of satisfactory quality. That may be difficult given the nature of the damage and the time that has passed since purchase.

Can it be repaired? That may be the better answer than pursuing the seller, an less stressful. The seller will probably only be liable for that anyway, unless they want to replace it or reduce the price of it.

pinkshoes

Even though it has the tags still intact, it might be difficult to prove that you didn't cause the rip whilst trying it on, or something else that might have happened since you bought it.

They will no doubt think it odd that you bought a ball dress 9 MONTHS in advance... If it's been in your wardrobe, then it could have been caught on a hanger, or a zip from something else etc...

If you didn't notice it when you bought it, or when you got it home, can we presume that the tear is quite small? Could you repair it yourself?

Tozer

in fairness the OP asked what her rights are.

pinkshoes

Tozer wrote: »

in fairness the OP asked what her rights are.

Her rights are a free repair or replacement, but would have to prove that the fault was there 9 months ago, which as explained above, could be rather difficult due to the time scale.

Daytona_nev

Has the Op put weight on?

If it's in the lining, does it matter? No-one will see it. Put a few stitches in it.

giggity

Are those purple & black tags still on it (usually are for the debut range)? It's not as if you would want to wear a dress with the tags on it and then try and get a refund, maybe you can use that as leverage.

I bought 3 ballgown dresses as bridesmaids dresses last year. One bridesmaid lost so much weight she needed 2 sizes smaller 6 months later. I could have killed her. But fair play to her she said she get she sorted and she did. She used the tags as leverage to get the exchange.