Reiss Jacket Fault

moreno5uk

Hi everyone,


I needed some advice on the following please. I bought a jacket from Reiss which cost a considerable amount and wore it all through winter. I wore it to work over a suit so it had no considerable hard usage it was simply an overcoat. Basically 2 weeks ago I look down to just below the right pocket and some fraying had occurred. It wasnt fraying from any kind of burn or piercing but looked like the material had simply just deteriorated through stretching. The coats material is quite a rough material that wouldnt easily tear or rip.

After going straight back to Reiss the sales assistant told me that he was 90% sure this was a manufacturing fault and that they would most probably give a straight refund but i needed a proof of payment. I have found this on a credit card statement and it was little over 6 months ago when it was bought. On going back to the store more of these fraying holes appeared and then got worse.

The reiss store have sent the jacket away to their customer services as they apparently do not have the authority to make that decision in store. Today i received a letter from reiss customer services who couldnt be bothered to even ring me and just said that it wasnt a manufacturing fault....no reason or anything...and therefore would not give a refund or even an exchange.

Where do i stnd with this? Surely that cant be it. This jacket is less that 6 months old and has just started to fall apart. Any ideas or anything i can do?

thanks in advance

Tozer

Stand your ground. At less than 6 mths old, it is for Reiss to prove that they are not at fault - not for you to prove it.

As you paid by credit card, you also have the same rights against the card issuer pursuant to section 75 Consumer Credit Act 1974.

bookworm1363

In one sentence, you say it's just over 6 mths you bought it, then you say just under, which is it? It's actually extremely important, as before 6 mths, the burden of proof is with them, after 6 mths, it's with you.

moreno5uk

Apologies for the mistake. It has JUST gone into the 7th month. So where does that leave me?

bookworm1363

If you took it back after the 6 mths, it means that YOU have to prove that the jacket is inherently faulty. That means getting an independent report to confirm this, for which you will have to pay, however you can reclaim that cost from Reiss if it gets confirmed that the goods are faulty.

OTOH, (I'm still unclear on the timings), if you took it back while it was still under the 6 mths, then the onus was on Reiss to prove the jacket wasn't faulty. The problem is that they have - supposedly - examined it and decided it wasn't, so you'll still have to get a report to prove them wrong anyway.

So get the report done, then armed with it, go back to Reiss (in writing) and ask them for full refund + refund of the report costs. If they refuse, then you can go to Small Claims.

As a matter of curiosity, how much was the jacket?

moreno5uk

The jacket was £225, more than id normally pay for an overcoat but it looked like a good quality coat. The annoying thing is I have recently paid off and closed the credit card i used to pay for this jacket.

How could I get this independantly checked? Who does that kind of service?

mookie

Customer services made a decision that the jacket is not faulty, they are trained to inspect and identify common faults, I doubt they are trained in the actual fabric breakdown such as you have explained. By stating it is not a manufacturing fault they are basically stating that whatever caused the damage would be down to contact damage, are you 100% sure this damage could not be wear from a car seat belt or carrying a bag? This is something that may cause damage in the area you have mentioned and would not necessarily be apparent to you although you have exposed the area to these conditions daily over a period of 7 months. If you are confident that this cannot possibly be the cause I would ask the store to send the jacket directly to the manufacturer for a second inspection and the fabric to be tested. I worked in retail many years ago, it was not unheard of for a customer to ask for a 2nd inspection and it then be decided they could have an exchange/refund. If they tell you a 2nd time that they are not willing to exchange then I think for an item worth £225 you should pay for your own inspection.

moreno5uk

Thank you guys,

I have now rung the customer services team and asked why they think it is not a manufacturing fault and her answer back was.....she could not understand how it could have been done. Then she proceeded to ask me when I took it back etc. I stressed I do not want my money back, just another coat.

She is referring it to her manager with the new info for review and will get back to me.

mookie wrote: »

Customer services made a decision that the jacket is not faulty, they are trained to inspect and identify common faults, I doubt they are trained in the actual fabric breakdown such as you have explained. By stating it is not a manufacturing fault they are basically stating that whatever caused the damage would be down to contact damage, are you 100% sure this damage could not be wear from a car seat belt or carrying a bag? This is something that may cause damage in the area you have mentioned and would not necessarily be apparent to you although you have exposed the area to these conditions daily over a period of 7 months. If you are confident that this cannot possibly be the cause I would ask the store to send the jacket directly to the manufacturer for a second inspection and the fabric to be tested. I worked in retail many years ago, it was not unheard of for a customer to ask for a 2nd inspection and it then be decided they could have an exchange/refund. If they tell you a 2nd time that they are not willing to exchange then I think for an item worth £225 you should pay for your own inspection.

missymugwump

bookworm1363 wrote: »

If you took it back after the 6 mths, it means that YOU have to prove that the jacket is inherently faulty. That means getting an independent report to confirm this, for which you will have to pay, however you can reclaim that cost from Reiss if it gets confirmed that the goods are faulty.

OTOH, (I'm still unclear on the timings), if you took it back while it was still under the 6 mths, then the onus was on Reiss to prove the jacket wasn't faulty. The problem is that they have - supposedly - examined it and decided it wasn't, so you'll still have to get a report to prove them wrong anyway.

So get the report done, then armed with it, go back to Reiss (in writing) and ask them for full refund + refund of the report costs. If they refuse, then you can go to Small Claims.

As a matter of curiosity, how much was the jacket?

Can you point me to info regarding this 6 month rule please ?

bookworm1363

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q13Whatdoesthereversedburdenofproofmeanfortheconsumer

Q13.

and the legislation:

SOGA 1979 (as amended)

Part 5A
48a
(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

HTH

moreno5uk

Who and where do I go for the private inspection?

And if Reiss say they will not send the coat for inspection to the manufacturer what do I do?