Leaky Tent

wickywocky

We bought a tent last week online, direct from the manufacturer. We used it at the weekend and noticed a very minor leak at a seam. I emailed the company about it and they've replied saying that they will repair it for free, but I have to pay the cost of returning it to them.

Had the leak occurred 6 months down the line then this would have seemed acceptable to me, but it's happened from new and I feel that I should not have to be performing my own repairs or liable for return costs.

When we received the tent there was a problem with one of the poles which I discovered at 4pm the day before we were going away. They were fantastic then and managed to get a new pole to me the next morning. Their courier had already left so someone made a special trip to the courier depot. They phoned the next day to check I'd received it and that everything was ok. I thought this was amazing customer service, so I'm disappointed by their response to me today.

In some ways I think that just accepting the glue is to do it myself is ok, but a major factor in me buying the tent was their guarantee of waterproofness and, although the tent was in the clearance section, it represents a large investment to us.

Where do I stand legally (i.e. could I insist on them repairing/replacing it with no cost to myself)?

hayley11

Quoted from the sale of goods act:

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

It doesn't fit the purpose therefore they, by law, have to give you a full refund, replacement or repair it. And this should be at no cost to you.

I would ring them back, tell them you are not prepared to pay to return it. Stand firm and do not let them fob you off, if they keep saying you have to pay to have it returned, tell them you'll just have a replacement or refund then.

Good luck.

The_Pedant

As you are a consumer, in need of a repair or replacement of an item, section 48B of the Sale of Goods Act 1979 will apply.

In particular, see 48B(2)b (don't you just love the way they number these! :rolleyes: ):-
(1) If section 48A above applies, the buyer may require the seller—
(a) to repair the goods, or
(b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

wickywocky

Thanks for your replies. I will pursue this further as I feel that if I had been offered a leaky tent with a repair kit then I would expect it to cost less than a tent without a leak. I'm not necessarily looking for money off, but having to repair it myself is an inconvenience I could do without. So, I either want them to arrange collection and repair or replace it, or I would like a partial refund to cover my inconvenience. Having the legal position clarified makes me feel more confident and justified in continuing discussions.