Faulty trousers that have been altered.. do i have any rights?

wondermouse

This is one I don't know the answer to... I bought a pair of jeans from TK Maxx. I had them shortened to fit at a local dry cleaners. after only 3 days use the seam below the crotch area started to coke apart, causing a hole to appear. Now I know I am entitled to a refund, exchange or replacement pair of jeans, but what about the £9.50 I paid for the alterations? if I get them replaced then I would have to pay for a new pair to be shortened. If I get them repaired myself I would have to pay for that.

So are there any legal grounds either to ask the store to repair them, or pay for a repair, or recompense me for the cost of altering a new pair?

Or am I just unlucky and have to resign myself to losing a tenner? Thanks.

Hintza

Lose your tenner I'm afraid. Just check items throughly before parting with the cash.

Get the dry cleaner to stitch the crotch?

HappyMJ

That's TKMaxx allow you to return the item anyway. Altered items do not have to be refunded. I'd ask TKMaxx to repair the jeans for you that is another of the options available to them.

moonrakerz

Don't think you have a leg to stand on........................:D

elsien

HappyMJ wrote: »

That's TKMaxx allow you to return the item anyway. Altered items do not have to be refunded. I'd ask TKMaxx to repair the jeans for you that is another of the options available to them.

Do you any information to back this statement up? If they're faulty as opposed to you just changing your mind, surely your statutory rights still apply?
The reason I'm asking is because I'm about to take a pair of jeans back to Matalan with a broken zip that have been worn only twice. I have shortened them, but don't see how that affect them not being as fit for purpose?

Techhead_2

I'm sure I've read on here that if you make a material alteration to something then you are deemed to have accepted it. So a repair would seem reasonable (rather than replacement or refund)

Of course the retailer may decide to replace or refund, if they wish but they probably wont accept responsibility for alterations you have made.

wondermouse

Googlewhacker wrote: »

I agree, if the change made by the dry cleaners caused the fault then of course TKMAXX are allowed to refuse the refund/repair/replacement however if the change made didn't affect the faulty area of the product then I would have thought you would be entitled to the refund/repair/replacement.

However legally I can't remember.

Edited: I would say there is no reason for TKMAXX to pay you for the alterations. They only have to put you in the same position when you originally purchased.

The alterations were to the legs only and not the groin area, so the dry cleaners are in the clear. I know I could return the jeans for refund or replacement as not fit for purpose, but I was trying to ascertain if I had any right to insist on recompensebfor the money I wasted getting them altered, or if I could insist on tkm repairing them.

Like I said this has never happened to me before, and was wondering if I had any legal recompense?

bod1467

No. You may have the right to get them repaired, replaced or refunded, but no rights whatsoever to reclaim alteration costs as this had no bearing on your contract with TKMaxx.

Flyboy152

HappyMJ wrote: »

That's TKMaxx allow you to return the item anyway. Altered items do not have to be refunded. I'd ask TKMaxx to repair the jeans for you that is another of the options available to them.

They do if they are faulty (assuming they are within a reasonable time).

Flyboy152

Techhead wrote: »

I'm sure I've read on here that if you make a material alteration to something then you are deemed to have accepted it. So a repair would seem reasonable (rather than replacement or refund)

Of course the retailer may decide to replace or refund, if they wish but they probably wont accept responsibility for alterations you have made.

I would imagine that would be if the alteration had any effect on the fault.

shaun_from_Africa

Getting the jeans altered simply means that the OP has agreed that they accepted ownership of them. This is no way affects their rights as to the durability or fitness for purpose of the goods provided that as flyboy stated, the alteration was not the cause of the fault.

Many items need to be altered after purchase (curtains, floor coverings, etc), and if simply making adjustments in order to get these to fit correctly meant that buyers lost all their rights then there would an awful lot of upset people if there were quality issues some time after the purchase.