Damaged Levi's

saltllama

I hope someone can point me in the right direction with my rights (if any) in this situation, I've read a few older posts but nothing seems to fit my situation....

In December I treated myself to a pair of £75 Levi's from Debenhams, I don't usually spend this much on jeans and I probably won't again - I've only worn them a dozen times (if that) since purchase and was more than happy with the fit/style.

I was on holiday last week and, as I stepped onto a train, my jeans split all the way up the seam from just above my knee to the crotch, cursing my luck I thought I'd just have to write them off but I was assured by a friend that I should be able to get a refund/exchange on them as the problem was likely down to defective goods and not any misuse.

Today I went into the Debenhams store where I bought them and was told that it's been too long for me to return them, I've been told Levis offer a "lifetime" guarantee on their products but, when I went into the Levis store in town they said they couldn't help me because I bought them elsewhere, an internet search has led me to some success stories from US citizens, but I can't find anything similar from anyone over here.

I'd expect a £75 pair of jeans to last longer than 4 months but I suppose what I need to know is do I have any rights regarding what seem to be defective goods after this time, or do I have to just write it off? Also who would be responsible, the retailer or the manufacturer?

Any help/advice would be greatly appreciated.

tomtontom

As they split along the seam, are you sure they weren't too tight?

saltllama

tomtontom wrote: »

As they split along the seam, are you sure they weren't too tight?

No, definitely not - my tight jean wearing days are way behind me!

I probably haven't explained the tear very well - it starts just off the seam above the thigh then it's the actual denim itself that's torn up to the fly area.

frugal_mike

You definitely have rights. The Sale of Goods Act gives you rights against the retailer (so Debenhams, not Levi). If the fault is inherent then the retailer must repair, replace or refund you. You can specify which option you prefer, but can't insist on a remedy that is disproportionately expensive to the retailer. If they offer a refund then it can be reduced to take into account your usage of the jeans.

Also since it is less than 6 months since you purchased them the law will assume the fault is inherent unless they can prove otherwise. So basically they can only deny you a remedy if they can show the fault was caused by accident/misuse etc.

saltllama

frugal_mike wrote: »

You definitely have rights. The Sale of Goods Act gives you rights against the retailer (so Debenhams, not Levi). If the fault is inherent then the retailer must repair, replace or refund you. You can specify which option you prefer, but can't insist on a remedy that is disproportionately expensive to the retailer. If they offer a refund then it can be reduced to take into account your usage of the jeans.

Also since it is less than 6 months since you purchased them the law will assume the fault is inherent unless they can prove otherwise. So basically they can only deny you a remedy if they can show the fault was caused by accident/misuse etc.

Thanks for that clarification, I think I'll try Debenhams again tomorrow and see if I have any more luck.

saltllama

Went back into Debenhams today and got a full refund after the sales assistant looked at the damage then ran it past her manager, didn't even need to quote legislation to them!