Faulty Berghaus Jacket, from Blacks store

Equaliser123

lucylucky wrote: »

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.

If it displays the same "fault" then arguably it is part of the design.

cajef

geri1965 wrote: »

I would expect a refund from the store without question.

So if someone buys something then returns it saying it is faulty the shop should refund or replace it without checking to see if it is faulty, great I buy something decide I do not want it and return saying it is faulty and I should get a refund without question, I don't think so.

I do not doubt the OP but if the shop cannot see any obvious fault then they have the right to have it checked either independently or by the manufacture, they do not have to just take someones word that it is faulty.

Berghaus are good reputable company, if they inspect the item and there is a fault I would think they would replace it without question.

GibsonSt19

Thanks everyone, for your input so far.

I just went back to the store to speak to the manager (who wasnt available yesterday).

I went armed with the Consumer Direct fact sheet linked to above, and respectfully asked for a refund, letting the manager see the dodgy zip, letting him know of my need for the coat this Thursday (and it being a real inconvenience not having an operational jacket for my trip), and although he remained polite, he insisted that he didn't have to do anything to fix my issue there and then, and that he has 30 days to rectify the problem.

It's not as though the fault is with anything complex or highly technical. It's a zip, that isn't doing what it should do.

As I say, I initially just wanted a straight exchange, but I'm really not liking their approach to customer service, and so want a full refund.

Does the inconvenience of not having my [not inexpensive] coat ready for my trip on Thursday really not mean anything?

Do they really have 30 days to deal with the issue, regardless of the inconvenience imposed? I'd buy another jacket if I had the funds available!

I'm somewhat at a loss at what I can do now.

GibsonSt19

lucylucky wrote: »

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.

I checked the other jackets in the store, but they appeared to be 'mechanically' sound!

Mummy_Jo

Hi again

I have been following this thread since I posted with some interest to see what happens...

I pay a subscription and I am a member of Which Legal services. They have helped me on a number of occasions and once with a small claims court too.

I can fully understand that you might not want to pay for the expert advice of their solicitors so try calling trading standards and ask for their advice...

08454 04 05 06

If the item is indeed faulty you are entitled to a refund

I do hope that you get sorted

Jeff_Bridges_hair

Mummy_Jo wrote: »

Hi again

I have been following this thread since I posted with some interest to see what happens...

I pay a subscription and I am a member of Which Legal services. They have helped me on a number of occasions and once with a small claims court too.

I can fully understand that you might not want to pay for the expert advice of their solicitors so try calling trading standards and ask for their advice...

08454 04 05 06

If the item is indeed faulty you are entitled to a refund

I do hope that you get sorted

2 very pertinent points i think apply here from the link given above

If you are returning goods that are not of satisfactory quality or not as described and you inform the trader of the problem within a reasonable period of time, you may be entitled to full refund. If you have had some use from the goods or have had them for a while before you take them back you could ask for a repair or a replacement item. You, as the consumer, have the option of which solution you would like, however you must not require the trader to repair or replace the goods if this would be too costly, as compared to another remedy.

What happens if there is a dispute that the goods were faulty at the time of sale?
If you make a claim for a repair or replacement of faulty goods within six months of purchase its up to the seller to prove that the goods were not faulty when sold to you.

Mummy_Jo

I have taken the following information direct from the Which website:

Understanding the Sale of Goods Act Your rights

Top tips

• Your claim is against the retailer who sold you a faulty item, not the manufacturer.
• If you want to reject something and get your money back, you must act quickly – normally within a few weeks.
• If you paid by credit card, you may be able to enforce your Sale of Goods Act rights against your credit card company as well as the retailer.

When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:

• 'as described',
• 'of satisfactory quality', and
• 'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).

Goods sold must also match any sample you were shown in-store, or any description in a brochure.
Retailer or manufacturer

In most cases, your rights are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim against the retailer. However, if you have bought something on hire purchase (HP), it is the HP company that is responsible.
If you think you have a claim under the Sale of Goods Act for one of the reasons above, you have several possible remedies, depending on the circumstances and on what you want done.
If you want to get your money back

If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.
If you want to get a faulty item replaced or repaired

You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:

• reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called 'recision').

If the retailer refuses to repair the goods, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.
You have six years to make a claim for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
What you need to do to prove your claim

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear.
Six months...and counting

If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were fit for purpose – or 'as described' – when it sold them. It is also responsible for proving that the problem was caused by you (for example, because you had an accident with the item that damaged it). Beyond six months, it's up to you to prove that the problem was the retailer's.
So you may need to prove that the fault was not down to wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic.

Jeff_Bridges_hair

Your forgetting Mummy Jo that they have already worn the item. And now the shop is allowed to get it inspected to see if its been broken by the customer or is indeed and inherent fault.

Mummy_Jo

Maybe - that is true

We had a similar issue with a pushchair which came apart at the seams after one year of use. We took the retailer to court and won - mainly on principle as the replacement part was not expensive but the retailer refused to admit liability.

My issue with this is that a zip should last longer than 2 weeks! The OP has not indicated whether Blacks have accused him of maliciously damaging the item. His problem is with the retailer not the manufacturer.

I do get annoyed when retailers shirk their responsibility with customers. I do not think that the OP should let Blacks walk all over him and I am sure that they have already destroyed his confidence in them as a shop and I also doubt that they will be his shop of choice from now on. I think that it is about time in this country that we had some decent service when things go wrong.

lucylucky

Mummy_Jo wrote: »

Maybe - that is true

We had a similar issue with a pushchair which came apart at the seams after one year of use. We took the retailer to court and won - mainly on principle as the replacement part was not expensive but the retailer refused to admit liability.

My issue with this is that a zip should last longer than 2 weeks! The OP has not indicated whether Blacks have accused him of maliciously damaging the item. His problem is with the retailer not the manufacturer.

I do get annoyed when retailers shirk their responsibility with customers. I do not think that the OP should let Blacks walk all over him and I am sure that they have already destroyed his confidence in them as a shop and I also doubt that they will be his shop of choice from now on. I think that it is about time in this country that we had some decent service when things go wrong.

Bloody hell that is a bit of a rant!

Person buys item from shop.

A couple of weeks later customer comes back into shop saying item is faulty.

Shops says we shall investigate.

What exactly is wrong with that?