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Defected Jacket

Co11een
Co11een Posts: 2 Newbie
edited 2 November 2011 at 6:24PM in Consumer rights
As this is my first post Hi and thanks in advance to all that can answer my question.

I purchased a ski jacket from sports direct.com. Normally as you do i held onto the labels and packaging until i knew it fitted and i knew i was keeping it. 3 days later when i decided it was cold enough to wear (whilst on my way to work) i noticed a large tear in the hood, where the seam meets the nylon lining. They must have sent me the jacket defected, as im definitely not responsible for the tear.

As i knew when i received the jacket and was happy with it i threw away the packaging but held onto the labels.

Now ive read from SD.com that the jacket is only returnable if i have retained the original packaging and labels/tags. I find that pretty crap as i don't normally hang onto polythene packaging once ive declared that im happy with a product. Now it seems im stuck with the jacket and cant return it. :( If i had bought an electrical appliance, id have kept the box. but is polythene packing really worth hanging onto after purchasing a product, It seems to be the case with Sports direct.

is there anything i can do in this situation. I feel totally let down

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They are wrong, it maybe company policy that the original packaging is required but the law is that it is not.
    Company policy does not and cannot override consumer law.

    So try again. What you shouldnt have done is actually detach the tags, you could have tried it on and decided whether you wanted
    to keep it or not.

    Like I say, try again. (is the tear mendable)
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Did it defect to Russia or Cuba ?


    Seriously though, I'd talk to SD and ask what their procedures are. If it was really defective straight out of the packet, then I would think that they would replace it for you.

    Talking is good, it gets you places.
    Wha's like us - damn few, an' they're a' deid
    :footie:

    Competition wins:-
    July - Magic mince cookbook (first win)
  • McKneff wrote: »
    What you shouldnt have done is actually detach the tags, you could have tried it on and decided whether you wanted
    to keep it or not.(is the tear mendable)

    Thanks for the quick reply.

    I did at first, and i always leave on the labels/tags before i declare im keeping a product. in fact i didn't remove the tags until i 1st wore it. (3 days after recieving it) I just didnt notice the tear when i tryed it on for fitting. Its not repairable at all i could get someone to sew it but the nylon and the polyester shell seems very delicate.
  • visidigi
    visidigi Posts: 6,622 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    that policy is for returns for unwanted goods - your goods are defective therefore the same rules do not apply (if the goods are defective and agreed to be defective they are not of resaleable quality anyway so tags are not a necessity.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Faulty goods are exempt from needing the original packaging under SOGA. You would only need the packaging for change of mind purposes, even that is up for discussion if you cancel under DSR.
  • bb999
    bb999 Posts: 528 Forumite
    bris wrote: »
    Faulty goods are exempt from needing the original packaging under SOGA. You would only need the packaging for change of mind purposes, even that is up for discussion if you cancel under DSR.

    No discussion needed, under DSR a retailler cannot insist that you return original packaging.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Arent people forgetting about faults that would be clearly evident upon inspection?

    If its still just a few days, OP might get away with it. But the important thing is not to say to them (like they have to us) that they accepted the goods.

    They need to make it clear they are outright rejecting the goods as faulty.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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