Am I entitiled to a replacement of a sale item?

stargirl73

Hi all,

I hope I have picked the correct forum for my question, forgive me if I am in the wrong place.

I took a waterproof jacket back to the shop that I got it from in August this year; as after less than a year it started to leak. The shop said they would give me my money back, but I was hoping for a replacement. It was clearly a manufacturing defect and nothing to do with me damaging it. They tried to imply that the moisture could have been my perspiration, which was ridiculous as it was leaking on the shoulders. The shop agreed to send the jacket back to the manufactures for testing.

I bought it in a sale for approx £60 when the jacket RRP was over £200. At the time I bought it, I was over the moon to snatch up such a good bargain and assumed the jacket to be reliable.

Yesterday I spoke to the shop, they said that the manufacturer accepted it was faulty and has given the shop a credit note. The shop said that I could have my money back or put it towards another jacket. But I know I will not be able to get such a good jacket (out of sale) for £60, so I am out of jacket.

Can I demand a replacement jacket or ask for the shop to ask the manufacturer for a similar jacket in their range?

Hope you can help.

Thanks in advance

Andy_L

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/clothes/#named2

"If the item of clothing cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the clothing."

so no, you are however entitled to your money back rather than a credit note.

adandem

I would get your money back and look for another bargain.
If it's the manufacturers fault then you can chose where to spend your money.

Peartree

<"If the item of clothing cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the clothing.">

I'm not sure this is the relevant part of the legislation in this case. I think the key is whether the item was fit for purpose. If you buy a jacket described as 'waterproof' can you reasonably assume it will remain waterproof for a year and beyond? If you can, and it doesn't, I think the following applies:

"fit for purpose covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader.
If you buy something which doesn't meet these conditions, you have the potential right to return it, get a full refund, and if it will cost you more to buy similar goods elsewhere, compensation (to cover the extra cost) too."
http://www.bbc.co.uk/consumer/guides_to/law_goods.shtml

I would suggest that the 'obvious purpose' of a waterproof jacket is to be waterproof for reasonable length of time, as long as you follow the care instructions. Your contract is with the seller and if they bought inferior products from the manufacturer that is not your problem. What the manufacturer refunded to the retailer is of no consequence whatsoever to the level of your compensation for a faulty product.

If you bought it from a reputable retailer, I think a polite letter, quoting the legislation, to head office might just get you a bit further. The fact that the manufacturer has, in effect, admitted that the jacket was not 'fit for purpose, should give you a strong case.

Even if you don't get a 'full price' replacement, I think you should expect some level of compensation for the inconvenience it has caused you - ie, telephone calls, time and petrol spent going back to the shop, etc.

I find that, generally, if you are firm and polite, sound like you know a bit about the legislation and are prepared to compromise, you get a reasonable response!