Faulty Goods

Fergie76

I bought a pair of jeans two weeks ago, after the first wash, there was a big hole in them. I was on holiday for a week and today was the first chance I had to take them back.

I took them back, I was only wanting an exchange, but the shop said I could not get an exchange or refund today, as they wanted to send the jeans back to the manufacturer for a 'report'. It's like the material has just disintegrated.

The jeans were washed and dried iaw the instructions on them.

Now, I'm aware that for faulty goods, I'm entitled to an exchange or refund, but should have I got this today, or is they shop entitled make me wait for the report?

Thanks in advance.

Hintza

They obviously think there is doubt that this is a manufacturing fault and wabt to check you haven't damaged them.

Sounds reasonable to me.

Fergie76

Fair enough.

Fergie76

Got a phone call from the manager of the shop yesterday. He said that he had phoned the manufacturer and as the jeans were quality controlled prior to leaving the factory, they are refusing to accept that they are faulty and therefore issue an exchange or refund.

The shop manager seems to think the hole has been caused by some kind of chemical and to the best of my knowledge, the jeans have not been in contact with any chemicals with the exception of washing powder. If they had been, I would have expected to have a sore leg where the chemical has burnt me or for it to burn all the way through the material and not just be on one side.

I told him I was not happy with his explanition and he said that I shouold contact Firetrap, direct myself, as they were refusing to accept a fault, there was nothing he could do.

I explained to him, under the SOGA, that my contract was with him and not Firetrap and as the jeans were knew, it was upto him to prove that they were not faulty and not up to me to prove that they were.

He was then tried to say it was Company policy, blah, blah, blah.... I had to explain to him that it me be company policy, but company policy does not override the SOGA which is law. At this stage, it became apparent, that as a manager of retail shop, he did not know the SOGA, as he said that he would need to consult Head Office.

Can anybody advise, what my next course of action should? My wife is going in tomorrow to talk to them, after they have hopefully talked to Head Office today.

My understanding, although I may be wrong, is that if they think I have somehow (which I haven't) spilt chemical on the jeans then they should do tests to prove this and not just say we think? In which case, they would probably be cheaper, just to exchange the jeans?

Is this correct?

Thanks in advance.

gordikin

You haven't been near a car battery wearing the jeans by any chance?

Fergie76

Nope. The jeans were fine when they went into the washing and had a hole when they came out. Nothing else in that wash was effected.

gordikin

The reason I asked about the car battery is that I've ruined many a pair of jeans when I worked with sulphuric acid. They went into the wash whole and came out full of holes where the jeans had been splashed.

Fergie76

Can anybody help?

Is my understanding of the SOGA correct?

Cheers!

somethingcorporate

Did the manufacturer actually see the jeans?

SOGA puts the responsibility on the retailer to prove that they were not inherently faulty at purchase (within the first 6 months). Just saying "they were quality controlled at production" is not good enough. Quality control for clothing (I am guessing) is probably spot-checking in batches making it a not 100% accurate i.e. they do not thoroughly check every item that goes out.

They have to provide actual proof that the damage was due to misuse, chemicals etc. otherwise the SOGA sides with you. Keep pursuing them but you need to consider that if they continue to fob you off then you should contruct a Letter Before Action giving them 14 days to comply and then start a small claim against them.

Edit: Send it recorded and keep a copy.

Good luck.