Rugby Top faulty

wendyphant

I purchased my son a rugby top for his home team. He has worn it half a dozen times and we have now noticed the seam has gone on the neck line. We tried to return it but were told we could purchase a replacement at cost price but refused a replacement. Can I check where I stand.

I believe sales of goods act 1979 covers us but anything else before i email them.

wealdroam

wendyphant wrote: »

I purchased my son a rugby top for his home team. He has worn it half a dozen times and we have now noticed the seam has gone on the neck line. We tried to return it but were told we could purchase a replacement at cost price but refused a replacement. Can I check where I stand.

I believe sales of goods act 1979 covers us but anything else before i email them.

When was it bought?

Who was it bought from?

wendyphant

august from the rugby club shop

unholyangel

wendyphant wrote: »

august from the rugby club shop

Within the first 6 months, its up to the retailer to prove it wasnt inherently faulty (after that, its up to the consumer to prove it was).

Write to them - even by email, stating that under sale of goods act, the onus is on them to prove the item is not inherently faulty and any remedy they offer (repair/replacement) should be at no cost to yourself.

You could try quoting the relevant parts of SoGA. Such as:

(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

and

(1)If section 48A above applies, the buyer may require the seller—

(a)to repair the goods, or

(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

wendyphant

Thank you have done will have to watch this space x x

Hintza

How do you know it hasn't just been ripped.

I suspect you might very well get a refund but you might find your son blackballed, so please make sure it is a manufacturing fault and not rough handling.

wealdroam

Hintza wrote: »

How do you know it hasn't just been ripped.

I suspect you might very well get a refund but you might find your son blackballed, so please make sure it is a manufacturing fault and not rough handling.

If we're to believe her signature, little Henry is only five years old.

bris

Oh come on it's a rugby top for a person who actually plays rugby, this thread has to be a wind up.

System

Yeah. Rugby top, worn by people who play rugby. I don't think if it gets ripped you've got much of a case. Maybe sue the person who ripped it?

System

unholyangel wrote: »

Within the first 6 months, its up to the retailer to prove it wasnt inherently faulty (after that, its up to the consumer to prove it was).

Write to them - even by email, stating that under sale of goods act, the onus is on them to prove the item is not inherently faulty and any remedy they offer (repair/replacement) should be at no cost to yourself.

You could try quoting the relevant parts of SoGA. Such as:



and

Ridiculous post(I'm sure this will make you complain about me again). It's a rugby top, worn for people who play rugby. I'm not sure you've played rugby but it's very physical......

George_Michael

And there was me thinking that this was a customer's rights forum.

Yes, the top may have suffered damage due to the nature of the game, but it might also have a manufacturing defect (faulty materials or dodgy stitching), and it is up to the retailer to prove how the damage was caused.

I played rugby for many years (both at school and for 8 years afterwards) and I certainly didn't have to replace my top every 6 games.
It's probably different for professional players but I would still expect a bit of durability from any sports gear.