Returning a suit

dacouch

A Dinner Jacket is something you'll need again

artbaron

Delta_1984 wrote: »

Just had to get it off my chest!

I see what you did there.

yangptangkipperbang

dacouch wrote: »

A Dinner Jacket is something you'll need again

Possibly, possibly not. It appears that it was required for a one-off in this case - so why not hire a suit ?

jacques_chirac

Delta_1984 wrote: »

Thanks that is a very good way of looking at it. I am perhaps being clouded by my anger and embarrassment of it happening at the event itself. I read the 'sad farts' guidelines on this website and then headed to the shop armed with that information. I did infer that whether I would use the goods again or not because they were faulty I was entitled to return them and choose a refund over repair/swap, I think if I was talking about something other than clothing more people would be with me?

But you are not entitled to a refund - as stated above, you are entitled to a refund, repair or exchange at the discretion of the retailer.

Delta_1984

I must be barking up the wrong tree here, but the sale of goods act surely says goods have to be of satisfactory quality, fit for purpose, and last a reasonable length of time?

I bought an item for a single occasion and I expected it to last for that occasion and beyond, it did not. My requirement was to collect an award with my suit buttoned up and because of the manufacturing fault I could not, this caused me distress.

When my child had a scooter which broke after a month I returned it to the shop and got a refund, how is this case different? Thanks again for all the replies and debate.

Callie22

Just out of curiosity, how much did you pay for the suit? I accept that there is an argument that the suit should be fit for purpose, but I think there's also an element of 'caveat emptor' in the sense that most clothes tend to have loose buttons nowadays, and the cheaper the item, the greater the chance of a poor quality finish. So I wouldn't expect a £49.99 'off the peg' cheapy tux to be a well finished as a £1000 bespoke one. I generally do go through clothes and restitch buttons before I wear them (especially things like jackets and coats) as they're generally attached by machine and it's never as good as hand stitching - plus the fact it's hard to find replacements if you lose a button! So maybe you should have checked when you bought the item, if it was that vital that the buttons were securely attached.

And to be fair, you can't blame the shop for being suspicious if you asked for a refund after the event, I can imagine they get that a lot.

Delta_1984

Hi Callie22, it was £150 so not cheap to me, plus even if it was £50 I would expect it to last an evening. I tried it on in the shop with help from the fitter (who was very good) and did not notice anything untoward about the buttons.

I fully appreciate the shops and everyone else's suspicion but just because other people try it on doesn't automatically mean everyone is.

wealdroam

Delta_1984 wrote: »

When my child had a scooter which broke after a month I returned it to the shop and got a refund, how is this case different? Thanks again for all the replies and debate.

Just have a read of the legislation, then you will see that there is more than one solution to any problem.

Section 48A of the Sale of Goods Act tells us that if goods do not conform to contract a remedy is required.

Section 48B says that the buyer can choose between a repair or replacement but cannot force the seller to provide a disproportionate remedy.
It goes on to define disproportionate.

Section 48C discusses reduction of purchase price or rescission of contract... i.e. a refund.
It does state that any refund can be reduced to take account of the use you have had.
As you have stated to the retailer "I ave no use for this suit now", a cynic might be able to say the suit no longer has any value thus a refund of £0.00 is appropriate.

Now, using all that information, it is clear that effectively the seller chooses the remedy, and the seller chooses the least costly to him without causing significant inconvenience to the buyer.
In the case of your suit, I imagine it would be cheaper for the seller to get the buttons sewn on than provide you with a refund.

With your child's scooter, it may well have been cheaper for the seller to refund you.
Another time a retailer may choose to replace the goods.

And we'll leave goodwill gestures for another time.

Delta_1984

Thanks wealdroam, that's really useful information!

I didn't dare bring up goodwill...! (even more of a matter of opinion I would think, and everyone already has me marked as a chancer :P)

robatwork

Sorry but this thread has been needling me.
You were all doing so well with loose and lose. But

sowing - with seeds
sewing - needle and thread