Designer top develops a fault after one week?

pauline123

Hi every one , I bought a top last week from a local designer store this top was £ 95.00 I rushed to shop looking for something to wear last minute , as a lot of us women do! anyway worn it once then washed it ( followed the care instuctions) then I have noticed two small but noticible holes on the back of the top quite close to he seem of a badge that is sewn in to the top . anyway ttok it back exactly eight days later with reciepts and the shop will not replace it for me just told-
- It was not on the item when you bought it.
- it,s not our fault.,
- its not company policy to replace items without sending them to manufacturer first ,
when asked what they thought holes were," was told you tell me"

where do i stand help i like the top , but if your paying that much money for a G- STAR top I'd expect it to last longer than a week ,I also think there is a chance this was were the tags may have been but not positive

kazzah

quite clear
under the sale of goods act , goods must be fit for purpose ( top with holes in - I would argue is NOT fit for purpose) and your contract is with the RETAILER not the manufacturer
you have returned the item in a timely fashion with your receipts and are entitled to a refund or replacement

having said that my friend had a similar problem with a small retailer and a dress that had large black buttons on the front- when she washed the dress as per care label the dye from the buttons ran into the dress and made big black marks rendering it unusable.
the shop would do nothing despite the sale of good s act, so my friend issued county court proceedings very simply and went to court - the judge ( very informal, man in an office type room) agreed that the dress was unusable and issued court proceedings agains the shop, who did not bother to turn up.
My friend received nothing in the way of compensation but was determined to pursue the matter so after the 28 days or whatever were up, she paid another £7.00 ( it was a while ago) and sent the bailiffs in to the shop they recovered stock of high enough value to give her a FULL refund of her money and also the costs she had incurred
Ok it took about 5 months in total - but it was a matter of principal - and I am talking about a dress which cost less than your top
don't let them away with it.
Alternatively, if you paid by credit card ( as I always do for expensive purchases) it might be worth raising a dispute with them

missymugwump

Who did you complain to on your return?
Did you speak to the manager or if it's a small shop the owner?
If it is a sole owned small concern you don't have many people to complain to sadly

Do they security tag?
If so did you notice where they tag there merchandise?
If the holes correspond with this you may have a stronger argument and if you believe this is how it happened put it in the letter below

They will say you must have put the holes there somehow or that you
Possibly wore it then damaged it for a refund (it happens so often)

It is perfectly possible that they were in the fabric from manufacture
Or that staff had caused the damage when tagging items


Write to them giving them 7 days to refund you, (photograph the top’s defects and keep the pictures yourself) enclose the top and a copy of your receipt.
Send recorded delivery; they will at least have to reply giving their reason in writing. This may be useful later if you go to court,
If it’s all "she said"" I said" a judge may find it difficult to decide.

Include that you have already visited the shop once regarding this matter,it has caused you inconvenience and that the staff were unhelpful


Your Name
& Address
Name and address
Of Trader Date:


Dear Sirs

Sale of Goods Act 1979 (as amended)
Reference: Invoice or customer number



Dear blah blah blah

I am writing in connection with the purchase of description of goods purchased from yourselves, on the date, at a cost of £……… .

On date the item developed a fault describe fault. The fact that the item showed this fault within …..days/weeks after purchase shows that it was inherently faulty at the time of purchase. In accordance with my statutory rights under the Sale of Goods Act 1979 (as amended), i.e. that goods be of satisfactory quality, as described and fit for their purpose, I am writing to advise that I am rejecting the goods and wish to claim a full refund.

Please note that I am choosing to claim under my statutory rights as outlined above. These rights will be totally unaffected by any additional rights I may have under a manufacturer’s guarantee or with regards to any ‘policy’ your company may have chosen to adopt.

I look forward to hearing from you within the next seven days with your arrangements for my refund.

Yours faithfully,


Hopefully they will settle it as they rely on people’s ignorance of the law to get away with such poor service
This also shows you have been reasonable and that you are not going to just go away


Let us know what they say

:confused:

4743hudsonj

i worked in a shop selling gstar for a long time, it is common procedure for them to send the top to the manufacturer for "inspection". And believe me, this is what you want, i ant remember a single time when any clothing manufacturer refused a complaint even when it was blatantly the customer who is at fault.

So i would send the top off and see what happens until you take further action.

regards josh

missymugwump

It may be common proceedure but it is not consumer law
It is an option however
The OP does not have to accept that course of action

4743hudsonj

yes, i know that, i never said that it was, i was merely saying that this may save time and hassle for the op which i believe is why people come on here for advice (oh and saving money but that doesnt apply)

sporedude

Probably best to send it away for inspection.....Save time and as 4743 said some money

missymugwump

4743hudsonj wrote: »

yes, i know that, i never said that it was, i was merely saying that this may save time and hassle for the op which i believe is why people come on here for advice (oh and saving money but that doesnt apply)

I believe I gave advice
And took the time to offer a letter detailing her rights
It wasnt a sleight on your advice I was merely stating the fact that she does not have to agree to it being sent away,her contract is with the shop

Saving & time & hassle would be the shop dealing properly with her on her first visit
Wether or not the supplier agrees to credit the shop is something that the purchaser should have no need to worry about

As you say all advise is offered and it's up to the OP which route she takes

OP do let us know how you decide to move it forward
I wish you luck

4743hudsonj

missymugwump wrote: »

I believe I gave advice
And took the time to offer a letter detailing her rights
It wasnt a sleight on your advice I was merely stating the fact that she does not have to agree to it being sent away,her contract is with the shop

Saving & time & hassle would be the shop dealing properly with her on her first visit
Wether or not the supplier agrees to credit the shop is something that the purchaser should have no need to worry about

As you say all advise is offered and it's up to the OP which route she takes

OP do let us know how you decide to move it forward
I wish you luck

Yep and it was a rather model letter, exactly what i would put, i wasnt making any sort of comment on that, i just simply offered advice on a more simple path found from my own experiences. mine would be ideal for a replacement, yours for a refund, your reply seemed as if you decided that my advice was irrelevant as it did not quote soga.

missymugwump

Well that was not the intention so i'm sorry if it came across that way

Of course the OP has not shown a preference for a refund or replacement here,her request for confirmation of her rights led me to assume she was unsure of her legal standpoint
Hence my offer of a letter

In my experience in retail/consumer issues you tend to find that the buyer is often so upset after being told to basically go away, that the last thing they want is to settle for crumbs from the table & accept a replacement or credit note when they believe the goods to be faulty.

I guess I assumed the OP may not feel comfortable going back again after she was not received well when making the initial complaint,many people find the whole face to face thing upsetting

And maybe I should learn not to assume LOL

4743hudsonj

haha yep, i would feel like that to so fair assumption, but like i said, i worked in a store that sells these goods and we are often quite helpful as its not often that they incur any costs as any replacements are claimed straight back from the manufacturer.

And btw, to he op, gstar make clothing so thin and weak, its very common that people develop tears around the label and any other area were security tags are placed etc

if i were you, whenever you buy high street clothing such as this (not really classed as designer any more) always ask for them from the stock room, if this isnt possible check for stretching or large holes where the tag was after they have removed it and before you hand over your money, this way there is no confusion as to were the problem is from, if you still accept goods ask them to out a note on the receipt acknowledging the hole.

regards josh