Designer top develops a fault after one week?

pauline123

Firstly, I would like to thank you all for your replys.

It was the assistant manager I spoke with first, when I first took the top back to the store I Have since returned to the store the following day to speak with the manager, also taking my sister as i do tend to get tongue tied in these situations and then end up loosing my temper.

th response was exactly the same " company policy is to retrurn the item to the manufacturer for inspection be it one day after purchasing or a week or a month. my sister spoke of the sales and goods act 1979 section 14 and had the manager looking very worried but it was like he had been programmed in to saying " it,s company policy BLAH , BLah, and this has been so since Hurleys started trading in 1955 when after 45 mins we began to tire of the same response we asked for the address to head offce and werer told "we are not allowed to give this infomation out as it was a private company, I asked for the name of the assistant managers name but they refused to give this but the manager did give his details - I might add there was no notice in store giving head office details either and we left the store with my top and today my sister was going to ring consumer direct to see were we stand
THe reciept says- Goods returned because of wrong size or choice will not be returned, however we are willing to excxhange unworn items or unused goods, or issue a credit note within 28 days of purchase. We reserve the right to return faulty goods to the manufacturer for examination bevfore a refund is given. proof of purchase is required. This does not affect your statutory rights .

I would also like to add the I repeatly asked or a replacement not a refund

And to answer next point Hurleys is not a small, one shop business there are two stores, one in wigan and our bolton store and there was one in the trafford centre but this may have closed now - any body who wants a look - hurleys.co.uk.

pauline123

it was advice and also any suggestions I was lopoking for and any replys are greatly appreciated ..x

pauline123

Thank you for letter!

missymugwump

Your welcome


The sign says it all it" does not affect your stat rights"
Your stat rights are to a refund you must report this policy to trading standards
I know they will come out & read all signs & insist on them being corected to be legally correct they can be fined
They cannot reserve rights on your stat rights

I suggest the letter is the next option
Followed with an online small claims

OlliesDad

I personally do not see the problem with the retailer wishing for the goods to be inspected for any signs of misuse as long as it is within a reasonale timescale.

Obviously if the item is faulty within 6 months of purchase the retailer must prove that it was not like that when sold, how do you expect them to porve it without examining it?

missymugwump

Dont shoot the messenger
Im only saying that if trading standards felt that was appropriate they would of built it into the legislation

If the shop does not have a single member of staff who is experienced enough to make a judgement,has staff who do not know the laws that regulate their trade and does not put the customer first by dealing with them promptly and civily they are in the wrong business

Sadly too many shops get away with it

pauline123

but it's for the shop to dispute with the manufacturer not with me, why should I suffer I didnt pay 95.00 for a cheap bit of tat....

sarahg1969

pauline123 wrote: »

I didnt pay 95.00 for a cheap bit of tat....

Clearly you did.

I've never bought anything from Hurleys myself, but colleagues have, and I've heard a few moans about them.

advent1122

You are saying it is faulty. The shop is saying it is not and want to send it off to be inspected.

Mrs Advent had the same trouble with a pair of stretchy trousers ( she is a big girl ). The manager said, in not so many words, because you are so fricking fat your bum has ruined the trousers. Mrs Advent agreed that her ar5e takes some holding in but the trousers were the correct size and should have held her in without giving up first time out.
The shop wouldn't do anything except send them off to be inspected.
They came back as faulty and Mrs Advent was given a voucher to the value of the trousers. Now, Mrs Advent said to customer service she would not step foot inside the store again so wants her money back. She sent the vouchers back and received a cheque + £10 for inconvenience.

So although you may think the SOGA applies. It does not, because the store does not believe the item is faulty and wants to send it off the be checked. When it comes back as faulty then the SOGA applies.

phlogeston

advent1122 wrote: »

You are saying it is faulty. The shop is saying it is not and want to send it off to be inspected.

Mrs Advent had the same trouble with a pair of stretchy trousers ( she is a big girl ). The manager said, in not so many words, because you are so fricking fat your bum has ruined the trousers. Mrs Advent agreed that her ar5e takes some holding in but the trousers were the correct size and should have held her in without giving up first time out.
The shop wouldn't do anything except send them off to be inspected.
They came back as faulty and Mrs Advent was given a voucher to the value of the trousers. Now, Mrs Advent said to customer service she would not step foot inside the store again so wants her money back. She sent the vouchers back and received a cheque + £10 for inconvenience.

So although you may think the SOGA applies. It does not, because the store does not believe the item is faulty and wants to send it off the be checked. When it comes back as faulty then the SOGA applies.

Although I couldn't possibly comment on the size of Mrs Advent's posterior, I can concur with the rest of the advice.

Many have been quick to point out the OP's rights under consumer law, but not to realize that they all turn on the fact that the goods must be faulty.

The seller is entitled to confirm that the goods are faulty - in this case by sending it to the manafacturer.

If there is no fault with the goods, then the rest of the arguments about refunds, replacements etc are all moot.