Retailer refusing to refund coat

JSUK_2

I bought a coat for £40 in September, I've lost the receipt but have the credit card statement showing the retailer and price. After about a month I noticed that the zip was stiff, but still worked. A few days ago however, the zip simply refused to go into the slot for it. Upon closer inspection it is clear why- the inside of the zip mechanism has bent inwards, meaning the gap is now far too small to fit the other side of the coat into. I took it back to them and the manager stated that this can't be a manufacturing fault and I must've done something to damage it (though he had no idea what, exposure to heat was his best half-guess). Is this really how the sale of goods act works - does the buyer have to prove that the damage (which has clearly occurred well within how long you expect a £40 men's coat to last - the older one I've had to dig back out did me for 1 1/2 winters before becoming tatty) is a manufacturing fault, or does the retailer have to prove that it's not?

wealdroam

JSUK wrote: »

I bought a coat for £40 in September, I've lost the receipt but have the credit card statement showing the retailer and price. After about a month I noticed that the zip was stiff, but still worked. A few days ago however, the zip simply refused to go into the slot for it. Upon closer inspection it is clear why- the inside of the zip mechanism has bent inwards, meaning the gap is now far too small to fit the other side of the coat into. I took it back to them and the manager stated that this can't be a manufacturing fault and I must've done something to damage it (though he had no idea what, exposure to heat was his best half-guess). Is this really how the sale of goods act works - does the buyer have to prove that the damage (which has clearly occurred well within how long you expect a £40 men's coat to last - the older one I've had to dig back out did me for 1 1/2 winters before becoming tatty) is a manufacturing fault, or does the retailer have to prove that it's not?

During the first six months following a sale, any problem can be assumed to have been present at the time of sale and it is for the seller to prove otherwise.

bod1467

Within the first 6 months any fault is assumed to be inherent. If the seller wishes to dispute this (to avoid giving a remedy - repair, replace, refund) then they must prove the fault was user-caused ... simply making such a statement doesn't cut it.

JSUK_2

The best the manager could do was 'I've worked with clothes a long time, I know what manufacturing faults look like, that's not a manufacturing fault'. Should I go back and try again? What should I say?

Exile_geordie

Yes do go back and tell him what you have been told above.


I have had the problem you explain above and was caused by it being a poor quality plastic that closed with minimal pressure on it so if he has worked in clothing a while then he should know this.

JSUK_2

This zip feels metallic, but I'm sure the principle still holds. Thanks guys.