Faulty Superdry Gillet

rrichar

Hi, I brought a Superdry Gillet (£94.99) for my husband last Tue (13th Dec) I wrapped it and gave it to him for his birthday on Sun (18th Dec). He tried it on and decided that it fitted so took off the lables. He walked down to show me (I was sat at the dining table). I then noticed that it had a small hole right at the bottom by the zip. My husband wouldn't off seen the hole in the mirror. The following day (19th) i took it back to the shop hoping to get it exchanged.

The Store Manager told me in his opinion it had been worn and the hole didn't look like a manufacting issue so wouldnt exchange it because he could't sell it on. I assured him that my husband only wore it for 15mins on his birthday and that the hole must of been there when i purchased it as it has not been out of the bag. The store manager still wouln't believe me that it hadnt been worn, even though my husband showed him is date of birth, which was the 18th and we were back in the shop on the 19th! (i have two witnesses that can say that my husband has not worn the gillet for more than 15mins).

I now have a very expensive faulty gillet (though the hole is quite small, i think it may get bigger in time) that they won't exchange (I have the receipt). I feel like l've been conned and i'm very angry!!

Is there anything that i can do!
Thanks
Becky

ThumbRemote

It's irrelevant whether its been worn or not, what the store manager thinks, or whether he can sell it on. The item is faulty and under the Sale of Goods Act you are entitled to have it repaired/refunded/replaced.

I'd try going back into the store again, standing your ground and threatening trading standards. If no luck, do follow your threat and contact trading standards.
Does the store have a head office or was it an independent?

peachyprice

Or you could just try taking it back to another branch which doesn't have an arrogant pig as a manager.

wealdroam

As well as ThumbRemote's excellent advice, this soon after the sale you also have the right to reject the goods outright for a full refund.

bod1467

wealdroam wrote: »

As well as ThumbRemote's excellent advice, this soon after the sale you also have the right to reject the goods outright for a full refund.

Even though the OP (presumably) had the opportunity to inspect (hence accept) the goods instore at time of purchase?

stugib

bod1467 wrote: »

Even though the OP (presumably) had the opportunity to inspect (hence accept) the goods instore at time of purchase?

IMO the period of acceptance does not end the moment you leave the shop.

wealdroam

bod1467 wrote: »

Even though the OP (presumably) had the opportunity to inspect (hence accept) the goods instore at time of purchase?

Yes... I believe so.

Cazmiqa

Hiya

I have just bought a Superdry Gilet on ebay and luckily had no problems and I feel for you, as they are soooooooooo expensive.

Whilst googling though, I found a site where 'seconds' were being sold and this apparently was the type of fault they had and those were being sold for a huge discount. I am not saying the place you purchased your Husband's one was a second, but just saying what I found.

Although the Contract is between you and the store, my next port of call would be Superdry directly (try emailing there Customer Service maybe), or as someone else mentioned, try a different branch, if that is an option.

Good luck and let us know how you get on?

C
x

arcon5

stugib wrote: »

IMO the period of acceptance does not end the moment you leave the shop.

Well that would be debatable. Although personally i'd say they are deemed to have accepted it after just a few days -- afterall its the type of item can be inspected visually unlike something like a TV.

I also don't think threatening them with TS will be majorly benefitial tbh.

Also you don't have witnessed proving he only wore it for 15 minutes -- for all they know he coould have worn it another day before he came.

But I would be back in the store demanding he offers a remedy under Sales of Goods Act otherwise provides his evidence it was damaged by the husband. If he refuses, then advise him you will write him your complain afterwhich you will proceed to a small claims court. Also remind him he will be responsible for court costs which will be about £90 including hearing fee. He'll soon get the message your serious and won't want to be further out of pocket.

lateandlive

From the point of view of someone who did his job (admittedly, not for Superdry) for 6 years can I just add my two penneth!

Standing in the store quoting the SOGA is all well and good, but can turn out to be fairly counter productive. Please remember that his information on refunds and exchanges is dictated to him by his Head Office and that's probably all he knows.

Whilst I totally agree that you have the right to a full refund if the item is faulty, look at it from his point of view. YOU know the hole was there when you got it home, but how does he know that? The instruction we used to be given is that if the hole was somewhere like a seam or a place where thread could come loose and it was OBVIOUSLY not caused by the customer then we could accept it - anything else we had to send to Head Office to get their agreement. If that manager accepts it back and the warehouse deemed it to NOT be faulty then there's a strong chance the £95 would be coming out of his wage packet.

Not saying you wall into the same category for a second, but we had people bringing back £150 pairs of Nike Air Max 95 trainers with "faults" on them - purely because they wanted the latest colour and didn't want to pay for them. I know it's antagonising, and it's no excuse if he acted like a moron, but just something to take into account!