company (bikinishack) refusing refund for faulty goods - offering credit note only

pimiento

hi
can anyone please advise me whether I can take this to the small claims court, and whether it is worth doing (the amount is around £25-30)?

the company (bikinishack.co.uk) are offering a credit note only "as a goodwill gesture", with a deadline of 17:00 on 31/8 to accept or it is withdrawn! - I asked for a refund & £2.50 postage.

they argue that I am not entitled to a refund as the bikini was bought in April - too long ago.
i have pointed out that i didn't wear it until july, and couldn't have known the colour would run until i wore it & it got wet. i have said that a bikini whose colour runs when it gets wet is faulty, so i am entitled to a refund & postage.
they have said it's still too long ago, there have been no other complaints, and it's probably suntan lotion or strong chemicals in a pool.
i said suntan lotion causes grubbiness round the edges, not colour running all over, the bikini has only been worn 4-5 times & i have only swum in a saltwater pool - no harsh chemicals & would they like to reconsider in view of this additional information?
no they wouldn't - that's when they issued the 17:00 deadline.

any advice would be greatly appreciated,
thanks

sporedude

Well they are right in saying that is was a long time ago, And if you return it, What are they going to do with a used bikini?

pimiento

yes, people often buy swimwear a few weeks before they go on holiday, and don't wear it at home in the rain!
are you saying you can't return faulty clothing if you've worn it because the company can't do anything with it?!!

dan_m2k

The sale of goods act surely applies and that it's under six months old you don't have to prove it was inherently faulty - see number 13 on http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q13Whatdoesthereversedburdenofproofmeanfortheconsumer

love_my_2_boys

sporedude wrote: »

Well they are right in saying that is was a long time ago, And if you return it, What are they going to do with a used bikini?

Are you for real?

1: it wasn't that long ago, I think you could safely say a bikini should last longer than 4 months
2: What doe the OP care what they do with it, if it's faulty they will get their money back from their supplier.

you obvioulsy know nothing about consumer rights
I think unless you can come up with something a bit more helpfull and constructive you should perhaps stick to watching day time TV!!!

Optimist

You have a reasonable amount of time after purchase to decide if it is fit for purpose, what a reasonable amount of time is can be variable depending on the item purchased. I would suggest keeping a bikini for three months before returning would not be deemed to be reasonable however a District judge might find different.

pinkshoes

The bikini is clearly faulty.

Send it back recorded delivery, along with a letter stating that you are rejecting the goods under the 1979 sale of goods act, as it is not fit for purpose. (Describe in detail what's wrong with it). You then need to say that they have 14 days to issue you with a full refund, otherwise you will be pursuing this through the small claims court.

You could even include a copy of the SOGA, highlighting the relevant passage.

Did you take photos showing the colour running?

pimiento

they already have the bikini.
i reported the fault to them by email, and they said send it back & IF they thought it was faulty they'd give a credit note.
my husband returned the bikini with a note referring to legislation & asking for a refund & postage (according to said legislation). (i'm still in Spain for another week)
that's when they got upset & said it was bought too long ago for them to be obliged to do anything at all, but the goodwill gesture of a credit note still stood (with added deadline).
i really don't think they are complying with the SOGA as a bikini with colour running after 4 or 5 wearings & swimming is not fit for purpose, so i should get a refund & postage - i'm interested to know if it's actually worth going to the small claims court though? (although the suggestion might prove effective).
thanks for your replies (well, apart from the first one!)