Is it reasonable to ask for a replacement/refund?

SurreyChris

Two months ago I bought a jacket from Debenhams which cost £120 and today the zip broke. Would it be reasonable to take it back and ask for a replacement?

Chris

unholyangel

You can certainly ask. However Debs can offer a repair, replacement or a refund. They can refuse your request if it is disproportionately costly compared to another remedy.

SurreyChris

Thanks, I didn't realise they did repairs.

demondave

Hi If you can prove that the coat has not been subject to extreem wear and tear ie it not all in tatters then the Sale of Goods Act is quite clear that the item is not of merchatable quality and you are entitled to a refund, exchange or repair. It is NOT at the discretion of the shop to decide which you should take. This is enshired in law and don't let them fob you off and it has nothing to do with the cost to the shop. Good Luck!!

texranger

demondave wrote: »

Hi If you can prove that the coat has not been subject to extreem wear and tear ie it not all in tatters then the Sale of Goods Act is quite clear that the item is not of merchatable quality and you are entitled to a refund, exchange or repair. It is NOT at the discretion of the shop to decide which you should take. This is enshired in law and don't let them fob you off and it has nothing to do with the cost to the shop. Good Luck!!

No under the SoGA a retailer can offer a repair, replacement or refund. this is totally up to the retailer to which they offer.

unholyangel

demondave wrote: »

Hi If you can prove that the coat has not been subject to extreem wear and tear ie it not all in tatters then the Sale of Goods Act is quite clear that the item is not of merchatable quality and you are entitled to a refund, exchange or repair. It is NOT at the discretion of the shop to decide which you should take. This is enshired in law and don't let them fob you off and it has nothing to do with the cost to the shop. Good Luck!!

Again, you seem to have limited knowledge of the SoGA.

OP bought the jacket 2 months ago. Therefore the burden of proof is on the retailer to prove the problem is due to wear n tear/misuse. The OP has to prove nothing as it is assumed the fault was inherent within the first 6 months after purchase.

Again, "enshired in law" :rotfl: is the exact opposite of what you are saying. Read below (copied and pasted from the SoGA itself):
(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

SurreyChris

unholyangel wrote: »

OP bought the jacket 2 months ago. Therefore the burden of proof is on the retailer to prove the problem is due to wear n tear/misuse. The OP has to prove nothing as it is assumed the fault was inherent within the first 6 months after purchase.

Thanks everyone, I just wanted to check that going back after two months would be considered reasonable.

There's no damage to the rest of the jacket so hopefully it should be ok.

SharkyGeorge

SurreyChris wrote: »

Thanks everyone, I just wanted to check that going back after two months would be considered reasonable.

There's no damage to the rest of the jacket so hopefully it should be ok.

Just to reiterate, two months for a jacket that cost £120 is def reasonable and as other posters have said, under statute you are entitled to repair, refund or exchange (whichever you prefer).

Searcher

SharkyGeorge wrote: »

Just to reiterate, two months for a jacket that cost £120 is def reasonable and as other posters have said, under statute you are entitled to repair, refund or exchange (whichever you prefer).

No!
It's entirely up to the retailer

texranger

SharkyGeorge wrote: »

Just to reiterate, two months for a jacket that cost £120 is def reasonable and as other posters have said, under statute you are entitled to repair, refund or exchange (whichever you prefer).

you cannot say what you want i suggest you read the SoGA. this is 100% upto the retailer to what solution they offer.