Zip broke during second wear shop said my fault

betsie

Hi
reposted this on here as advised.

I bought my daughter some show jodphurs at the end of august. During the second wear we noticed the zip was open and realised it had broken.
I have calculated that the zip would have been pulled up 3 times and down twice.

Took back to shop. Manager was very very snotty. Did not have receipt but she found it on the system. Said she had never had a pair back so my daughter must have yanked them ( she is 7 and very slim and has another pair of zipped jodphurs which she wears every week and are fine). She said she would phone the manufacturer on momday but doubted they would replace them as my daughter had obviously broken them.

I was not there ( a friend took them back) and the shop manager is emant to be phoning me on Monday to presumably tell me that I am not getting a new pair. What can I do/say (without getting in a row and starting to ***). I would also add my friend left the jodphurs with her.
What do I do if she wont budge and says she will not give ma another pair.
Thankyou

Googlewhacker

betsie wrote: »

Hi
reposted this on here as advised.

I bought my daughter some show jodphurs at the end of august. During the second wear we noticed the zip was open and realised it had broken.
I have calculated that the zip would have been pulled up 3 times and down twice.

Took back to shop. Manager was very very snotty. Did not have receipt but she found it on the system. Said she had never had a pair back so my daughter must have yanked them ( she is 7 and very slim and has another pair of zipped jodphurs which she wears every week and are fine). She said she would phone the manufacturer on momday but doubted they would replace them as my daughter had obviously broken them.

I was not there ( a friend took them back) and the shop manager is emant to be phoning me on Monday to presumably tell me that I am not getting a new pair. What can I do/say (without getting in a row and starting to ***). I would also add my friend left the jodphurs with her.
What do I do if she wont budge and says she will not give ma another pair.
Thankyou

The store probably has a record of the sale but not that you bought them so if they suddenly turn around and ask for proof of purchase can you prove this? Did you pay by card and as such have a bank statement showing a proof of purchase?

If so then the onus is on the retailer to prove the damage is down to misuse rather than wear and tear.

Ultimately if they still refuse you'd have to go to court to get your money back.

WhiteHorse

If the item has failed because of an inherent defect as opposed to misuse by the purchaser, then the goods are not fit for the purpose and the purchaser may require a full refund.

The retailer is liable, not the manufacturer. Any attempt to deny responsibility is dishonest.

The retailer is not required in law to provide a receipt. Therefore you are not required to produce one either, although obviously it makes it easier if you can. Note that the retailer has however found the purchase on the system and accepted that you are genuine.

If she won't give you another pair, sue in the small claims court. It's cheap and easy. Do however make sure that you follow the procedure carefully. You must be 'reasonable' and allow the retailer to have second thoughts. Do everything in writing and by Recorded Delivery. No telephone calls.

the_insider

Or buy a new zip for £3 and fix them yourself.

Googlewhacker

WhiteHorse wrote: »

The retailer is not required in law to provide a receipt. Therefore you are not required to produce one either, although obviously it makes it easier if you can. Note that the retailer has however found the purchase on the system and accepted that you are genuine.

The onus is on the customer to prove the purchase and they would have to be able to do this if it went to court. A 'purchase' on the system just shows that there was a purchase from that store.

However I agree that as they have admitted that it is likely to be the OP then they would be silly to deny it now but they should have not gone down that route in the first place.

Zandoni

the_insider wrote: »

Or buy a new zip for £3 and fix them yourself.

Really useful advice that, you must be proud.

I'd take them back on a busy time and talk to the manager. If he refuses to refund you, just stay at the till and show other customers.

betsie

we only bought them 3 weeks ago (with other things) and worn twice and at £24 I feel they should last a little longer than this.

She has admitted we bought them there as found details on her system.

It is more the principal of the matter and the fact she spoke to my friend like something she had just scraped off her shoe that bugs me.

What happened to the customer always being right.