Manufacturing fault - can I still get a refund?

Sunny_Saver

Can anyone help please with some consumer advice.

Two years ago, I bought two Nine West handbags from TK Maxx.

My mum used hers straight away, but within nine months, the strap had started to break. I contacted TK Maxx, but it said too much time had passed. I just put it down to bad experience.

Aunty didn't start using her bag until last October. Last month, we noticed that her bag had a similar fault and it started to break. She used her bag for only four/five months. I then contacted Nine West, sent them photos etc and they stated that it was a manufacturing fault and to contact TK Maxx.

Note, Nine West were very helpful and quick to respond and put their hands up, so not criticising their customer service at all, but more the quality of their handbags.

I spoke again to Nine West on the phone this morning and they said TK Maxx is the one to speak to as they sold it, but surely if it's a manufacturing fault, shouldn't it be the manufacturer who is liable if TK Maxx refuses to do anything?

Two Nine West handbags: one lasts for nine months and the other for four months is not great and a pretty expensive buy for me.

Any advice please?

vuvuzela

It's always the retailer that you have to chase about these things - the contract of sale is with them, not the manufacturer. The manufacturer may offer a warranty with conditions, but the retailer has to abide by the CCRs / SOGA.

pmduk

There's more on your legal rights as a consumer in this MSE guide here

Sunny_Saver

Thank you. I will read the link now.

Nine West said it can't help because I didn't buy the bag off them.
TK Maxx said it couldn't help me when the first bag was faulty after nine months, so it certainly can't help me with the second one now. The second was bought at the same time, but only used recently for four months.

It's annoying as Nine West has admitted that it was a manufacturing fault. It also said that if I had bought it from them I would have had a five-year warranty.

sheramber

But they would probably have cost more fromNine West.

Have you advised TKMax that Nine West have confirmed it is a manufacturing fault?

peachyprice

I always assumed TKMaxx got the seconds and end of line stock, hence they can sell stuff so cheap.

Sunny_Saver

sheramber wrote: »

But they would probably have cost more fromNine West.

Have you advised TKMax that Nine West have confirmed it is a manufacturing fault?

Yes and it said: 'Your correspondence with Nine West is noted however the bags... as such I regret to advise you that our position remains the same.'

Sunny_Saver

peachyprice wrote: »

I always assumed TKMaxx got the seconds and end of line stock, hence they can sell stuff so cheap.

Actually my original email to Nine West was a request for information, ie is the stock sold at TK Maxx seconds. NW did not respond to that question and asked me to send photos to see if it was a manufacturing fault. I sent the photos and NW responded very quickly that it was a manufacturing fault.

cono1717

If the manufacturer has said its a defect then presumably TK Maxx can claim their costs of the manufacturer.

Do you have it written down from the manufacturer them acknowledging the fault if so the law is pretty clear cut you have done your part in proving the defect is manufacturing thus TK Maxx need to refund, repair or replace (but it's their choice what they do)

paddyrg

FWIW TKM actually manufacture a bunch of stuff under brand licence (they sell more stock than there are genuine line-ends), which would complicate things with NW!

AJXX

If you have written proof from the manufacturer - read up on SOGA and draft a letter before action to TK Max HQ - sent recorded delivery asking for an appropriate remedy (remember this could be repair, refund of replace - their choice, not yours).