where do i stand - zip broke after 2 wear

betsie

I need some advice please on where I stand and what I can do.

Bought a pair of show jodphurs for my 7 yr daughter at the end of August. She wore them twice. During the second wear the zip broke.
Took them back to riding shop today expecting a replacement but no. Did not have receipt but she found purchase on her records. Was very snotty and said my daughter must have yanked the zip too hard and that she had never had a pair back before. She said she would ring the manufacturer on Monday but doubted they would let her have a new pair as it was my daughters fault.

I was not there for this conversation (or there may have been a few ***) as a friend took them back.

Surely a childs jodphurs should be able to take a 7 year old doing a zip up 3 times without breaking.
Can anyone advise me of my rights and what I should do next (the snotty shop manager is supposed to be phoning me on Monday to let me know what the manufacturer said).

Thankyou

krungthep56

Hi Betsie,

I would suggest that when you return you let the lady know that the goods were not of satisfactory quality and refer her to

1) the Sale of Goods Act 1979, section 14.2 and also
2) The Sale and Supply of Goods to Consumers Regulations (following 31/3/03 transposition of Directive 1999/44/EC).

The latter states that if the consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty), and after six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

It is important that the burden lies with the retailer and not the manufacturer; consider also if you bought the goods with a credit card which also gives you protection.

Sounds to me as though the lady needs putting in her place.

You can read up more at the link below;

http://www.bbc.co.uk/watchdog/consumer_advice/complain_making_pic.shtml

Hope this helps,

Regds,

KT56

jenniewb

Ask to speak to the manager (if you did not already) if the company has a head office, make sure they are aware you will be contacting them and quote the sales and goods act to the manager. Often sales assistants are unaware and just told to sell and save money for the company but most managers worth their salt will know where the law stands.

Spoken from experience!

Enterprise_1701C

Can't add anything except good luck. If they continue insisting that your daughter must have "yanked" the zip it might be worth pointing out that these were made for children and as she seems to think children "yank" zips then they are not fit for purpose if they cannot take this!

Can you please also say how the zip broke, i.e. what happened to it?

derrick

Post on the Consumer Rights board, you will receive more constructive advice, (not saying the advice here is wrong, but you are on the wrong board).


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betsie

The zip just broke while she was wearing them (just noticed it was opened). I have calculated the zip was pulled up twice and down once in total.

It was the shop manager/owner who was the very rude snotty one. It is her own shop I presume.

jenniewb

betsie wrote: »

The zip just broke while she was wearing them (just noticed it was opened). I have calculated the zip was pulled up twice and down once in total.

It was the shop manager/owner who was the very rude snotty one. It is her own shop I presume.

Name and shame?

Consumer rights it is then- and trading standards perhaps? I'd still go in just to see if she does anything about that when you mention either of those options. Not as a threat but more it would prevent you from the required paperwork/phone calls.

Enterprise_1701C

If the tag had come off I could understand her saying it had been yanked, but this indicates a very cheap zip was used, my guess is it is a nylon toothed one with relatively large teeth. I don't believe she had a leg to stand on, zips are designed to take sideways pressure when closed, it is their nature - look at the ones on some jeans! This would not result from being yanked, she just wanted you to go away and not ask for your money back. Also, don't let her fob you off saying it is not down to her to refund/replace - you will find plenty of information on the Consumer Rights board, all will say that the buck stops with her.

Googlewhacker

krungthep56 wrote: »

Hi Betsie,

I would suggest that when you return you let the lady know that the goods were not of satisfactory quality and refer her to

1) the Sale of Goods Act 1979, section 14.2 and also
2) The Sale and Supply of Goods to Consumers Regulations (following 31/3/03 transposition of Directive 1999/44/EC).

The latter states that if the consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty), and after six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

It is important that the burden lies with the retailer and not the manufacturer; consider also if you bought the goods with a credit card which also gives you protection.

Sounds to me as though the lady needs putting in her place.

You can read up more at the link below;

http://www.bbc.co.uk/watchdog/consumer_advice/complain_making_pic.shtml

Hope this helps,

Regds,

KT56

The customer can request repair or replacement but the business can do which ever is the cheapest for them effectively giving the business the choice in the matter.