Faulty goods query

Cheerful_Fairy

In respect of the Act, how can you determine whether the goods are of satisfactory quality? This may be a subjective assessment - for me, one light wear, which removes the colour off the leather, would mean that they were not of satisfactory quality. I would expect shoes to be able to stand up to more than that - it's not as if we were yomping through the mountains (the heels were totally unsuitable for that anyway)... and the poor quality wouldn't be obvious from looking at them?

wealdroam

Cheerful_Fairy wrote: »

In respect of the Act, how can you determine whether the goods are of satisfactory quality? This may be a subjective assessment - for me, one light wear, which removes the colour off the leather, would mean that they were not of satisfactory quality. I would expect shoes to be able to stand up to more than that - it's not as if we were yomping through the mountains (the heels were totally unsuitable for that anyway)...

Yes, you are right... it is pretty subjective.
The law is full of things like what a reasonable person might expect.

Cheerful_Fairy wrote: »

...and the poor quality wouldn't be obvious from looking at them?

Which means you wouldn't be able to reject them if examining them did not reveal the fault.

However, once the fault is apparent, then you will be able to seek a remedy of either a repair, replacement or refund if the fault is deemed inherent... i.e. if the fault was present at the time of sale but not necessarily apparent at that time.

Cheerful_Fairy

That seems to be sensible, so - is it then down to the retailer to decide what they will agree to?

Valli

Cheerful_Fairy wrote: »

That seems to be sensible, so - is it then down to the retailer to decide what they will agree to?

Yes it is; the retailer is entitled to select the remedy. the remedy is either to repair, refund or replace.