Glastonbury wellie nightmare

DCFC79

Another interesting thread, do you expect to get anywhere without the faulty item,

jamespir

go down to the shop and give it some wellie

NeilF3485

mazdabongo wrote: »

Are you implying i/we are trying to defraud said shops?
MB

no, the implication is that many many people WOULD try if this was acceptable practice.

George_Michael wrote: »

But if the buyer took you to the small claims court, you as the retailer would have to prove that the boots were not faulty. (this is providing it was within 6 months of purchase).

The Sale of goods act is quite specific on this point.
If anything has a fault within the first 6 months after purchase, it is assumed that that fault was there at the time the goods were sold and it is up to the seller to prove that this was not the case.

and how exactly would you as a retailer be able to prove that, if the buyer threw the item away!?! Buyer would still lose on the basis they can neither prove they were faulty, nor give the retailer the opportunity to prove that they weren't!

OlliesDad

NeilF3485 wrote: »

and how exactly would you as a retailer be able to prove that, if the buyer threw the item away!?! Buyer would still lose on the basis they can neither prove they were faulty, nor give the retailer the opportunity to prove that they weren't!

George was responding to a comment that even with the wellies they wouldnt give a refund based on the fact they had been to a festival.

neilmcl

Errata wrote: »

Stitching? On Wellies? That's weird.

The OP's probably referring to the inner fabric.

George_Michael

NeilF3485 wrote: »

and how exactly would you as a retailer be able to prove that, if the buyer threw the item away!?

I wouldn't, but that's irelevant in relation to my comment which I made in reference to a post that stated

which was if i was a retailer and someone had bought some wellies off me and then came back with them.

I was pointing out that in that case the retailer couldn't go to court and insist that the buyer has to prove that the boots were faulty. They have to prove that they were not. (provided it was within 6 months of purchase)

The OP's probably referring to the inner fabric.

Yes, they were.

The interior of the wellies (both) had ripped, or the stitching had come undone

gordikin

The retailer doesn't have to do anything at all...the purchaser cannot return the item so it's end of story.

...unless you live in flyboy152 world?

shaun_from_Africa

unless you live in flyboy152 world

Something I wouldn't wish on my worst enemy.

Gra76

Look at it from the sellers point of view - You bought a pair of wellies from them. The insides of them deteriorated pretty quickly. You took photos of the wellies once they'd deteriorated. Here's the important part. You threw them away. I can't believe you threw them away....From a sellers viewpoint how do they know that the photos you took weren't of a pair of identical wellies belonging to someone else that were just in bad condition and that you're not just trying to get a second pair out of them for free? Let's face it, I'm sure there were many thousands of pairs of wellies worn at Glastonbury. It's not unreasonable to think there were more than one pair of your wellies there.

You did the craziest thing in the world and threw the evidence away. How can the seller inspect the wellies? Why didn't you just sling them in a plastic bag and take them back to the store after a bit of a cleanup? I'm afraid photos just wont be enough. I'm thoroughly on the side of the seller with this one. Hindsight is a wonderful thing.

NeilF3485

George_Michael wrote: »

I wouldn't, but that's irelevant in relation to my comment which I made in reference to a post that stated


I was pointing out that in that case the retailer couldn't go to court and insist that the buyer has to prove that the boots were faulty. They have to prove that they were not. (provided it was within 6 months of purchase)

Ahhh my apologies, missed that bit. Had a flyboy moment of selective reading - forgive me?