M&S Coat Drama

mkdr27

wealdroam wrote: »

Please be good enough to point out the "sarky" bits.

It is a fact that if the coat has become damaged due to fair wear and tear then you have no claim under SoGA.

if it was a year of use and the pocket became un-stitched I would agree but we're talking about 2 months. I expected to be able to use this coat for years before needing this kind of work.

By sarky I refer to your insinuation that I misled the store by presenting the item as faulty rather than misused.

I understood this to be a forum where new members are treated lightly, at-least at first.

halibut2209

mkdr27 wrote: »

long time lurker.

So you're not new

But in answer to your query, M&S have in fact gone beyond their remit here. I'd be appreciative of any loan of a coat, not complaining that it's a different coat.

wealdroam

mkdr27 wrote: »

By sarky I refer to your insinuation that I misled the store by presenting the item as faulty rather than misused.

No insinuation intended.
I don't understand how you could've thought that.

mkdr27 wrote: »

I understood this to be a forum where new members are treated lightly, at-least at first.

If anything, I could suggest that your response to a harmless comment is out of place... but I won't suggest that because you are a new member.

POPPYOSCAR

I am just so cynical.

pinkshoes

The offer of a repair is fine. I personally wouldn't have asked for another coat to borrow! I'd have just worn an extra layer with my summer coat!

pulliptears

Agree with the repair being fine. Stick on a few extra jumpers

Have to say though I throw my keys in the coat pockets of every one of my jackets ranging from Primarni jobs to a Belstaff and a Barbour and I'm yet to damage the lining in any of them and believe me I have a hefty bunch of keys

terra_ferma

mkdr27 wrote: »

I understood this to be a forum where new members are treated lightly, at-least at first.

not a chance...
don't take it personally, sadly newbies and anyone who looks like an easy target can get treated a bit harshly.

McKneff

and to be honest, I would be buying myself a couple of coats for a £1 or so at car boot sales during the summer.

unholyangel

mkdr27 wrote: »

if it was a year of use and the pocket became un-stitched I would agree but we're talking about 2 months. I expected to be able to use this coat for years before needing this kind of work.

By sarky I refer to your insinuation that I misled the store by presenting the item as faulty rather than misused.

I understood this to be a forum where new members are treated lightly, at-least at first.

I think perhaps you're reading intentions where there are none. Certainly I've read his post several times and there is no insinuation of you misusing the jacket. But he is right, if the "fault" had occurred either through natural wear n tear or misuse....you would have no right to any remedy so it is actually a good thing the jacket is faulty.

As it stands presently, because the jacket is less than 6 months, the fault is presumed to be inherent. If a fault is inherent and acceptance has occurred then you can request one remedy over another (repair, replace, refund - which can be partial to take into account use you have had of the item) but the retailer can refuse if it is disproportionately costly in comparison to other remedies.

As for the other jacket being thin.....well they do say that several thin layers is better than 1 or 2 thick layers (since the "heat" radiating from your body gets caught between layers). While their choice of remedy shouldnt be of significant inconvenience to you, I dont think that most reasonable people (not a dig at you, its what courts consider when looking at things like this) would consider being without a coat for 1 week as significant. You also have a statutory duty to mitigate your losses (by using another jacket/borrowing one from friend/family perhaps).

But look on the bright side, at least you came here to find out what your rights were instead of proclaiming "I know my rights!!!" rather loudly in the shop like so many muppets do. Ive seen many posts/reviews about companies who are "crooks" or "breaking the law" when actually they're offering above and beyond what law requires them to.

So sorry we couldnt give you the answer you were looking for, but perhaps now knowing your rights, it has restored some of your faith in the retailer?

shocky_2

Legally M&S are entitled to repair. It would be good customer service if they replaced, though. As you have now left the store and accepted what you were offered I don't think there is much you can do unfortunately.