Faulty goods

generalgort

Hi,

My daughter bought some boots back in September 2009, not so much fashion more like Doc Martins style, quite heavy really. They have split and although she wears them almost every day, she is a student, I think they should have lasted longer, but when she complained to the shop, one of the large chains, the manageress said that they have a policy of only considering faulty goods for 3 months after purchase and as they no longer have this particular style in stock, there is nothing they can do. Is this right?

derrick

generalgort wrote: »

Hi,

My daughter bought some boots back in September 2009, not so much fashion more like Doc Martins style, quite heavy really. They have split and although she wears them almost every day, she is a student, I think they should have lasted longer, but when she complained to the shop, one of the large chains, the manageress said that they have a policy of only considering faulty goods for 3 months after purchase and as they no longer have this particular style in stock, there is nothing they can do. Is this right?

No it is not, a store can have whatever "policy" it wants, but it will not take precedence over statutory rights,(in this case SoGA, and Section 75 if the boots cost more than £100.).

The goods must be "fit for purpose, of merchantable quality and as described", under SoGA.

See BERR re SoGA, and remember it is the retailer, NOT the manufacturer, who is responsible to the buyer.

Depending when purchased, if under 6 months it is up to the retailer to prove there is/was no fault, after 6 months it is up to the buyer to prove the fault was inherent, (there at time of purchase).

generalgort

Thanks Derrick,

We will try that with the retailer and let you know the outcome.