Consumer rights? Returns....

greedy86

Hello Ladies/Gents,


I'm a newbie here, and to be honest, wasn't even sure which forum I should be posting in. Though....this one looks like it might cover more than most.


My partners mother recently bought a new "Mountain Equipment" jacket....it's a lightweight waterproof and it was a bargain at £250 (ish) There was over £100 off it.


To cut a long story short, shortly after buying the jacket (and removing tags)....she wore the jacket out once! She felt a card in the pocket - and took out a postcard sized card in the pocket reading "Warning! These pockets are not waterproof - do not store any electronic equipment unless in a waterproof bag".


Now - if I were to pay close to £300 for a waterproof jacket - I expect it to be 100% waterproof - however - since realising this fact - I'm led to believe that jacket manufacturers cannot guarantee the waterproofness of zips/pockets etc.


We've tried to return the jacket - Mountain Equipment in Aviemore are refusing to give us a refund and put us in touch with Mountain Equipment - who are also refusing because they put the card in the pocket to cover their backs? Now....I personally feel that the card was 'hidden' in the pocket - only to be found after the jacket was bought - maybe that's just me though.


I'd like to know where I stand now? I don't want the jacket - if I'd know the pockets weren't waterproof I would have went for a jacket that had a flap over the pockets - unlike this one.


I'd like to know what I have to do now though? Can I demand a refund? I want to take this further but don't know the next step?


Thank you all in advance.


Kind Regards


Greedy86

RFW

greedy86 wrote: »

I'd like to know what I have to do now though? Can I demand a refund? I want to take this further but don't know the next step?

It depends how it was sold, if it was described as completely waterproof, then possibly. If it was bought online then you have 7 days to change your mind and return no matter what the circumstances.
If you're outside that time then you'll need to get help, either Trading Standards or Citizen's Advice could offer ideas of what to do next. As you say though I don't think anyone can wholly guarantee a waterproof pocket, there are pouches you can buy to put electronics in that makes them waterproof, it could be worth trying to get the seller to pay for those or send you some if they sell them. If I was the seller I'd rather part refund or provide stock for £10-£20 than take a return.

greedy86

RFW wrote: »

It depends how it was sold, if it was described as completely waterproof, then possibly. If it was bought online then you have 7 days to change your mind and return no matter what the circumstances.
If you're outside that time then you'll need to get help, either Trading Standards or Citizen's Advice could offer ideas of what to do next. As you say though I don't think anyone can wholly guarantee a waterproof pocket, there are pouches you can buy to put electronics in that makes them waterproof, it could be worth trying to get the seller to pay for those or send you some if they sell them. If I was the seller I'd rather part refund or provide stock for £10-£20 than take a return.

I can quite safely say that the jacket was bought under the assumption that it was 100% waterproof. We now realise (after finding warning in pocket) that zips/pockets cannot be guaranteed to be waterproof - we accept that.


However, if we'd realised this at the time - we'd have gone for a jacket that would help to mitigate these facts - i.e. gone for a jacket that had "storm flaps" over zips - rather than ones that were fully exposed.


We're quite annoyed at both shop and the manufacturer of the jacket as, although unintentionally, we were mislead - we bought the jacket in good faith and had tried to return within the week. (bearing in mind - the shop is about an hour drive from us).


We were delighted with the jacket....until the hidden warning was found.


I've

tykesi

Might be better in the 'Consumer Rights' section, a board guide could move it there for you, not really anything to do with eBay, auctions etc.

Advice given so far is good though.