Faulty Goods

grab_the_ads

Has anyone got any helpful advice on returning faulty goods. I attempted to return some clothing back to Asda. The clothing was purchased just under 6 months ago. I took the receipt with me. I explained to the young lady at the till what the problem was. She didn't even examine the items and told me that Asda had a 28 day returns policy plus an extra 100 days and there was nothing that they could do as too much time had gone by. Apparently according to Asda this is the law. Can they do this even though there is now a fault with the items? I was under the impression that you have 6 months under the terms of the Sale of Goods Act to return faulty items :j

McKneff

So what were you trying to return and why

grab_the_ads

It was a suit, the zip had got stuck and some of the lining on the jacket had started to come away. It had been worn only once :j

visidigi

grab_the_ads wrote: »

I was under the impression that you have 6 months under the terms of the Sale of Goods Act to return faulty items

Im afraid you're impression is wrong - if there is a defect noticed within the first 6 months then it is up to the retailer to prove the fault was not there when the item was sold - outside of this it would be up to you to prove it if claiming under the SoGA.

As above, what is it, what's wrong with it and how much was it originally?

McKneff

Zips sometimes get stuck, its usually the way they are pulled up. Try putting some spray polish on it or some chalk

Will the lining sew.

The amount of times it has been worn is irrelevant, its the age of it that is the point.

grab_the_ads

It was a suit, the lining on the inside of the jacket had started to come away and the zip was getting stuck. It's original price was £50

arcon5

grab_the_ads wrote: »

Has anyone got any helpful advice on returning faulty goods. I attempted to return some clothing back to Asda. The clothing was purchased just under 6 months ago. I took the receipt with me. I explained to the young lady at the till what the problem was. She didn't even examine the items and told me that Asda had a 28 day returns policy plus an extra 100 days and there was nothing that they could do as too much time had gone by. Apparently according to Asda this is the law. Can they do this even though there is now a fault with the items? I was under the impression that you have 6 months under the terms of the Sale of Goods Act to return faulty items :j

6 months isn't to do with returning goods, its to do with the burden of proof. Within the first 6 months it's down to the retailer to proof the faul is not inherent, after this it's upto the consumer to proof the fault is inherent.
If the fault is inherent they can offer repair, replacement or refund -- effectively their choice.

Take it back and this time speak to whoever is in charge. Insist they offer a rememdy or proof the fault is down to misuse or wear and tear! If the store still stand firm, ask them to give the reason in writing (I doubt they will) -- then fire off a letter to head office remding them of their obligations under SoGA and include a copy of the stores reason.

grab_the_ads

I am a little reluctant to sew the lining back for fear of making a bad repair job. The zip has a couple of teeth that appear to be out of alignment and I don't want to be too forceful with it in case I actually do more than harm than good.

arcon5

grab_the_ads wrote: »

It was a suit, the lining on the inside of the jacket had started to come away and the zip was getting stuck. It's original price was £50

When you say 'original price' do you mean thats what you originally paid for it? Or do you mean it was on sale and £50 was what it was originally?


Our local ADSA have amazing deals on suit jackets at the moment -- £10!! I think the trousers are more expensive!

grab_the_ads

arcon5 wrote: »

6 months isn't to do with returning goods, its to do with the burden of proof. Within the first 6 months it's down to the retailer to proof the faul is not inherent, after this it's upto the consumer to proof the fault is inherent.
If the fault is inherent they can offer repair, replacement or refund -- effectively their choice.

Take it back and this time speak to whoever is in charge. Insist they offer a rememdy or proof the fault is down to misuse or wear and tear! If the store still stand firm, ask them to give the reason in writing (I doubt they will) -- then fire off a letter to head office remding them of their obligations under SoGA and include a copy of the stores reason.

Thank you for your helpful advice. I will give it another shot and see how I get on

unholyangel

Just to add a little more information (rather than advice - as its been given) for you.....

Under Sale of Goods Act, you have up to 6 years from purchase to make a claim (5 years from date of discovery in Scotland). This of course doesnt mean that all goods should last 5/6 years though The item, price etc is taken into consideration.

As already said, if the fault develops within the first 6 months then the fault is assumed to be inherent (there at time of sale) and it is up to the retailer to prove otherwise. After 6 months, the burden of proof reverses and the onus is on the consumer. Usually this is achieved via independent report.

I think perhaps when dealing with local stores you sometimes get people who misunderstand policies/law. Or think that store policy is law! I have to say, the few times i've had a problem with a product from Asda etc, I usually email them first or call and ask to speak to the manager then mention that i've spoken to them when going into the store. Never had any trouble *touch wood* yet.