Faulty Berghaus Jacket, from Blacks store

Mummy_Jo

lucylucky wrote: »

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?

When we took legal advice over our pushchair they did indicate that we could have it inspected but the retailer is obliged to make sure that we are not inconvenienced by this and that they should supply us with a temporary pushchair that we could use in the interim. I do not recall that being an option by Blacks.

You may consider it a bit of a rant but the fact is that most people on the shop floor selling goods to us are not fully aware of the Sale of Goods Act or their legal responsibility to the consumer. A lot of shops/companies out there will try anything to try and get away with it. What is the OP supposed to use as a Jacket whilst theirs is sent away for repair?

lucylucky

Mummy_Jo wrote: »

When we took legal advice over our pushchair they did indicate that we could have it inspected but the retailer is obliged to make sure that we are not inconvenienced by this and that they should supply us with a temporary pushchair that we could use in the interim. I do not recall that being an option by Blacks.

You may consider it a bit of a rant but the fact is that most people on the shop floor selling goods to us are not fully aware of the Sale of Goods Act or their legal responsibility to the consumer. A lot of shops/companies out there will try anything to try and get away with it. What is the OP supposed to use as a Jacket whilst theirs is sent away for repair?

Perhaps the OP could discuss a "loan" for this coming Thursday?

Jeff_Bridges_hair

Mummy_Jo wrote: »

When we took legal advice over our pushchair they did indicate that we could have it inspected but the retailer is obliged to make sure that we are not inconvenienced by this and that they should supply us with a temporary pushchair that we could use in the interim. I do not recall that being an option by Blacks.

You may consider it a bit of a rant but the fact is that most people on the shop floor selling goods to us are not fully aware of the Sale of Goods Act or their legal responsibility to the consumer. A lot of shops/companies out there will try anything to try and get away with it. What is the OP supposed to use as a Jacket whilst theirs is sent away for repair?

It seems your not either. The shop have asked to investigate it to see if its faulty or has been broken through misuse. This is their right before they proceed with an action to remedy the problem and tnis is what they have requested to do

GibsonSt19

Jeff_Bridges_hair wrote: »

It seems your not either. The shop have asked to investigate it to see if its faulty or has been broken through misuse. This is their right before they proceed with an action to remedy the problem and tnis is what they have requested to do

But isn't their action supposed to be undertaken with no 'significant inconvenience' to me, as the consumer?

Mummy_Jo

Try calling one of the consumer bodies and speaking to them. The problem with these forums is that the advice is only as good as the person who is giving it and they take their own slant on the interpretation IFSWIM. If you really want someone to spell out your rights and at the end of it want to feel comfortable going back to blacks armed with that information then I would recommend either speaking to Trading Standards or speaking to the legal team at Which.

From what you have said I know how I would personally persue the matter but I also like to know that I am right in what I say before I try to argue my point in the shop.

Have you tried calling Head Office? Just interested to see what they have to say really.

Let us know how you get on.

geordieracer

GibsonSt19 wrote: »

But isn't their action supposed to be undertaken with no 'significant inconvenience' to me, as the consumer?

Well maybe maybe not - how do they know you didnt break it and are now looking for a replacement?

They dont is the answer and if they give you another to cover your needs on thursday - your not going to give it back are you so they will have admitted that the goods are faulty without an inspection and probably get a bo11ocking from head office for not following guidelines.

so you see - whilst yes, you have rights, the store also has rights to inspect the item to see what course of action they take next.

Thats how i interpret it all anyway.

unholyangel

While i'm sure there are maybe a few things that could affect a zip, come on.....its a zip. We're not talking about a machine with dozens of parts.

Further, from what the OP says, the manager says they have 30 days. AFAIK the SOGA only states "reasonable" time and would depend on the nature of the goods and fault in question. 30 days to replace a zip is a bit far fetched imo (and yes i'm aware its only an opinion and not fact). However, I feel this is a moot point as they dont seem willing to budge and OP would probably have to spend a lot of time/energy where other avenues may provide a quicker solution - albeit even a temporary one.

If its a jacket marketed for "active" use (hillwalking etc) i would expect the zip to be sturdy/good quality and not flimsy or easy to break.

OP, have you tried contacting the manufacturer to see if they can offer a better alternative? Can you not get a loan of a jacket? Someone is bound to have a spare one somewhere and it would do until you get yours replaced/repaired/refunded.

aheaton46

The fact that the zip has broken after so little time implies that it's either faulty or poor quality. Either way the onus is on the shop to resolve it, not waste time sending it off for investigation.

OP, in your situation I would buy a replacement jacket then insist on a refund from Blacks.

GibsonSt19

aheaton46 wrote: »

The fact that the zip has broken after so little time implies that it's either faulty or poor quality. Either way the onus is on the shop to resolve it, not waste time sending it off for investigation.

OP, in your situation I would buy a replacement jacket then insist on a refund from Blacks.

If only! The jacket in question has set me back £220 (reduced from £300), so funds aren't as free flowing as I'd like.

The thing is, I've insisted on a refund, and they've not denied it... but they are delaying it with a [potential] 28 day wait.

geordieracer

GibsonSt19 wrote: »

If only! The jacket in question has set me back £220 (reduced from £300), so funds aren't as free flowing as I'd like.

The thing is, I've insisted on a refund, and they've not denied it... but they are delaying it with a [potential] 28 day wait.

Well there you go then.. . They want to check it out and make sure it wasnt broken by yourself and have kind of told you that if you didnt and was faulty then they will refund.

i really dont think there is much more you can do to be honest.