Query regarding replacement which developed a fault

dogsRock

I bought some wellies which split, I took them back in under 6 months. I was issued a refund and used this and added some money to buy another pair of boots, this time leather. The new boots are under 3 months and are leaking. They are described as a waterproof leather boot on the manufacturer's website (boots are Toggi Columbus, sorry cannot post a link). The retailer has sent my boots off to the manufacturer to confirm a fault. The retailer's Customer Service agent has informed me that the warranty on any replacement will expire 12 months from when I bought the first pair of wellies (even though the checkout assistant at the time told me that the warranty would be 12 months from date of refund). This will leave me with only 3 months to see if the replacement boots will leak. The price of these boots was nearly £100.

My query is, as I added money to buy the leather ones, does that class as a new purchase and the 12 months go from then? If I have 9 months warranty left I would accept a replacement. If it's only 3 months then I'd like a refund. The CS agent is going to phone me once Toggi have inspected the boots.

If you have any links I can use to argue my case, I'd be very grateful thanks. I have tried searching for a similar situation but most literature I can find relates to a straight exchange, not when more money has changed hands. My receipt clearly shows a refund on the wellies, which is then offset against the price of the new boots.

Cheers.

wealdroam

Manufacturer's warranties are in addition to any statutory rights.

As such, the manufacturer can specify what terms he likes, within reason.
Thus it is not possible to say when this warranty runs from.

However, it is true that most warranties do run from the date of original purchase and the date is not usually reset when an exchange takes place.

At the time of the exchange, did you actually get a refund on the original pair, and then use that refund together with more money to make a new purchase?
If so, it is likely that the manufacturer's warranty runs from the date of that new purchase.

Cycrow

If you got a refund then bought another pair, then technically they are not a replacement and will be a separate purchase, so any rights or warranty will be from the date of purchase of the 2nd pair.

if it was actually a replacement, then this usually runs from the date of the original purchase.

the warranty doesn't effect any statutory rights however

dogsRock

wealdroam wrote: »

At the time of the exchange, did you actually get a refund on the original pair, and then use that refund together with more money to make a new purchase?
If so, it is likely that the manufacturer's warranty runs from the date of that new purchase.

Thanks for your reply.

It was all done in one transaction. Sorry I can't post a picture of my receipt. The wellies are listed as a refund, along with 2 other items (dog collars which broke), and the boots listed as a purchase. The total I then paid extra is listed.

Would this suffice as it being a new purchase?

wealdroam

dogsRock wrote: »

Thanks for your reply.

It was all done in one transaction. Sorry I can't post a picture of my receipt. The wellies are listed as a refund, along with 2 other items (dog collars which broke), and the boots listed as a purchase. The total I then paid extra is listed.

Would this suffice as it being a new purchase?

Yes, I would think so.
But if the retailer thinks otherwise you may have to go direct to the manufacturer with a warranty claim.

This does not affect the statutory rights you have with the retailer though.

Do you have a problem with your new purchase that needs resolution?

Hintza

If they aren't leaking now then I doubt it will be a manufacturing defect. The biggest cause of leaks in boots is toe nails puncturing the waterproof lining, in which case you would have no warranty anyway.

dogsRock

wealdroam wrote: »

Yes, I would think so.
But if the retailer thinks otherwise you may have to go direct to the manufacturer with a warranty claim.

This does not affect the statutory rights you have with the retailer though.

Do you have a problem with your new purchase that needs resolution?

Yes I do, the boots I bought with the refund money and extra are leaking. They are currently being inspected by the manufacturer. I was told by the retailer that any replacement would only have 3 months warranty on it (which would be 12 months from initial purchase). I wanted to check my position to query that as I would have thought paying extra money constituted a new purchase and therefore new 12 month warranty.

Thanks for your help.