Faulty Berghaus Jacket, from Blacks store

GibsonSt19

Evening all,

I purchased a Berghaus Attrition II jacket from my local Blacks store less than 2 weeks ago. I took it on a walking / climbing holiday (last week).

The problem is that the zip keeps opening from the bottom (meaning I end up looking like a crazy superman impersonator).

I took the coat back to the store today, asking for a replacement or refund. The young girl advised me they couldn't do this, as it was a branded item, and that it would have to be returned to the manufacturer for inspection. She advised this could take up to 28 days, but I really need the jacket for some outward bounds activities this Thursday.

My understanding of consumer law is minimal to say the least, but had thought goods needed to be of a merchantable quality, and that my contract is with the store, not the manufacturer.

I asked to speak to the assistant's manager, but was told he wasn't due back in today, butnthat he'd only tell me the same thing.

Your advice would be gratefully received.

mo786uk

Sale of Goods Act means they have to be
-as described
- satisfactory quality
- fit for the purpose they were sold for

I think I understand the type of zip you mean - is it where there are 2 zips and they both go all the way up and down? They seem to be standard on these types of jackets

ayway, if they are eaisly moving up willy nilly then that does sound like a fault.

Mummy_Jo

Under the Sale of Goods Act 1979 as ammended if your goods are faulty you are entitled to a refund:

Claiming a refund

If goods are faulty and you wish to claim a full refund you should contact the trader within a reasonable period of time, this time period is not set out by the law as it will vary depending on what has been purchased and the circumstances of the sale. For instance you may buy a pair of shoes and wear them the next day, and realise they are faulty and return them within a week for a refund. Equally it might be reasonable to buy a pair of skis in a summer sale and not use them until winter and return them for a refund the following season when the fault is discovered. The best practice is to take action and report the problem and ask for a refund as soon as you discover the fault.


http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

Read the whole article to get your full rights.

Take the jacket back and get your money back it is not fit for purpose and you have returned it in a timely manner. Argue your point. Contact Head Office etc...

Hope you get somewhere

Jo

lucylucky

The store has decided that it needs to find out if the jacket has a manufacturing/design fault and this needs to be verified by sending it away.

If there is another of the same jacket in the store you might be able to demonstrate the fault to them and convince them that it is indeed a fault.

geri1965_2

I would expect a refund from the store without question.

wealdroam

geri1965 wrote: »

I would expect a refund from the store without question.

Without question?

Why is that then?

Surely the shop can ask for a second opinion from the manufacturer, or any other authority, on whether the fault is down to 'user error' or not?

On the other hand, when providing the remedy, the retailer must not cause unreasonable inconvenience to his customer (or words to that effect).

geri1965_2

Because I've returned faulty items before and been refunded without question. It's called good customer service.

wealdroam

GibsonSt19 wrote: »

She advised this could take up to 28 days, but I really need the jacket for some outward bounds activities this Thursday.

Doesn't mean it will be 28 days before you hear from them again.

Probably just the shop covering themselves.
May only be a few days, on the other hand...

lucylucky

geri1965 wrote: »

Because I've returned faulty items before and been refunded without question. It's called good customer service.

It is however perfectly understandable that the shop should wish to confirm that the item is indeed faulty.

I am sure that a faulty item will be refunded/replaced without any issue.

GibsonSt19

lucylucky wrote: »

It is however perfectly understandable that the shop should wish to confirm that the item is indeed faulty.

I am sure that a faulty item will be refunded/replaced without any issue.

Thanks for that. I am a very reasonable person, but opening myself to having to wait 28 days (potentially) before having the use of a jacket I've paid for, doesn't sit right with me.

I paid for the jacket for the purpose of walking and climbing, but it wasn't fit for that purpose. I need to use my jacket on Thursday, but can't, and don't have the funds to buy another.

In this light, would this potential 28 day wait stack up as any sort of unreasonable inconvenience?

I want a replacement, not a refund, so struggle to understand why Blacks would see the need to send the jacket away for manufacturer inspection. If I was asking for a refund, I'd see the point, but really, I just want a working jacket.

lucylucky

GibsonSt19 wrote: »

Thanks for that. I am a very reasonable person, but opening myself to having to wait 28 days (potentially) before having the use of a jacket I've paid for, doesn't sit right with me. Understandable

I paid for the jacket for the purpose of walking and climbing, but it wasn't fit for that purpose. The shop need to confirm this too I need to use my jacket on Thursday, but can't, and don't have the funds to buy another.

In this light, would this potential 28 day wait stack up as any sort of unreasonable inconvenience? I doubt it - sadly

I want a replacement, not a refund, so struggle to understand why Blacks would see the need to send the jacket away for manufacturer inspection. Because they need to see if it has some sort of inherent fault and not that it has been damaged (I assume) If I was asking for a refund, I'd see the point, but really, I just want a working jacket.

I understand your frustration which is why I suggested trying another of the same jacket, in the shop, to see if it displays the same fault. It might then speed up the whole process for you.