SoGA - Last for Reasonable Amount of Time: Garden Furniture

Keanu

OK - so I've read up on all this within the site so I'm happy to push the supplier/retailer but am seeking some further advice before I move forward.

I purchased a 'Deluxe 2 Seater Hammock' from B&M Bargains for £99.99 (there goes the claim against the credit card!) on 25th May last year. At a BBQ to celebrate (!!) England's start to the World Cup, on 12th June one of my friends sat in one of the two seats and the material simply gave way and has ripped all the way across. Apart from the injury sustained (and at this stage I'm not looking to pursue a claim on this) I'm annoyed I purchased goods that lasted literally just over 12 months and because of what's happened it's now rendered the hammock useless. I contacted B&M Bargains and they seemed initially helpful in saying they would contact their buyer to pursue this. However, this didn't happen (it seems to have got passed about amongst their head office) and whilst I've not declared the exact date of purchase they dismissed my initial phone call on the basis it was too long ago.

So I'm willing to go to task against them and I've downloaded the complaint letter template to put together. My query is i) am I right to assume that it's reasonable to claim this product has not 'lasted a reasonable length of time' (surely?), and ii) given the product was purchased (just) over 12 months ago how do I go about 'proving the fault was not down to ordinary wear and tear and that the product should have lasted longer than it did'?

As an aside, I was so happy with the product before this happened that I purchased another of the same for elderly relatives. They are now happily swinging in their garden on it but I feel I have to warn them what has happened with mine. The shop claim I'm the only one to ring up with this complaint, but surely it only takes one case? My wife thinks it must be design/batch fault which is why I was happy the shop initially suggested putting forward to their buyer as surely they have a duty of care to supplier products that are safe for consumers to use on a continued basis?

Bantex_2

How heavy was the person that broke it?

Keanu

Not heavy in relative terms - 12/13 stone at the most. I've not checked weight limits for the hammock but I'm assuming this is not an issue

Helix

Was it left outside over the winter? We have had things where the fabric has just ripped and its normally because we had left it exposed to the elements over the winter.

OlliesDad

Helix wrote: »

Was it left outside over the winter? We have had things where the fabric has just ripped and its normally because we had left it exposed to the elements over the winter.

Or alternatively it may have been attacked by some sort of insects or rotted if left in storage somewhere.

Keanu

Left in the garage over winter to protect from the elements, so not that I'm aware of. It's built with two swinging individual hammocks and the other seems fine so if it was 'attacked by insects' it doesn't make sense that only one has torn all across - it's not even on the stitching??

From these queries are you suggesting I have no grounds to go back to the retailer under the SoGA?

Retrogamer

If you can demonstrate and provide evidence / independent report that the item failed due to being inherently faulty you should have some recourse via the SOGA

Keanu

...but that goes back to my initial question - how do I go about proving it was inherently faulty????

Retrogamer

That's the tricky bit.


For a faulty mobile phone or other technology you normally pay for an engineer / technician to inspect it and give a written report about why it's inherently faulty unless you can produce evidence yourself to demonstrate it.

Not sure for a Hammock though.
But as it's after 6 months, the responsibility sadly lies on the purchaser to prove it.

Keanu

Good News - been back in touch with retailer and they've already contacted the supplier to ask for replacement seat within the hammock. Did not mention any cost to me as consumer so it looks like a small victory in the case....