Debenhams sold me a faulty coat

Rebeccaanne30

Hi everyone
On 19th February my mother purchased from Debenhams Derby two Baker by Ted Baker children’s coats, RRP £65, on her Debenhams account card. These thick winter coats were stored away for use this winter by my children so were not used immediately after the time of purchase. Last week I got the coats out to wear and discovered after only a few hours of use that there is an inherent fault with the zip on one of the coats, the zip initially fastens up (although not smoothly) however the teeth do not close properly and therefore the coat zip keeps coming apart.

As it has been 243 days since the purchase was made, I initially contacted Ted Baker directly (assuming they were the manufacturer and not the retailer). They quickly replied to say that the contract of sale was with Debenhams as a concession partner and I would need to contact them as they were unable to support us in this matter. On closer inspection the label inside the coat does say both Ted Baker and Debenhams so I can only assume this item was made exclusively for sale through Debenhams.
I contacted Debenhams Head office initially since it is well outside of the stores 28 days return policy, and said that I felt we had legal right to request a repair/replacement/refund/part refund as the item that we purchased is not of satisfactory quality and/or not fit for purpose. The coat has not been damaged through misuse and does not suffer from wear and tear since it is in immaculate condition apart from the fault (as this has been worn on one brief occasion). I feel a coat marketed as premium quality from a high end brand should ultimately have lasted longer than one wear!
They eventually got back to me to basically fob me off and say I had to return to the store because that's where I bought it from and it was totally at the stores discretion whether they do anything about it since it is outside of the 28 days return policy.
I feel I should have more rights than this, if something is not fit for purpose then surely the 28 days returns policy is irrelevant if you expected the item should last longer than that??
I would really appreciate any advice on this prior to me heading into store (I'm currently livid), on how should I approach this.
Thanks
Rebecca

comeandgo

You have no right of anything. It was your mum who purchased the coats. It's her who has the contract with Debenhams. I note you mentioned the RRP, this is a meaningless number, especially with Debenhams who have sales every month.

cajef

Debenhams did not sell you a faulty coat they sold it to your mother, as it was last February you are going to have difficulty in proving it was faulty at the time of purchase they have only your word for it that it has not been used until now.

Rebeccaanne30

I know legally it would be her rights and not mine, I'm asking in this forum for advice on her behalf, when I say we it's because I'm trying to help her sort it out, she purchased the item as a gift for me so I physically possess the item while she lives 140 miles away in North Wales. She's not great at written correspondence so I drafted the initial email to Debenhams which she sent from her account. I was hoping we could resolve by returning the item to them for inspection but they are fobbing us off and saying she needs to visit a store, which is not ideal when the nearest to her home is an hours drive away. I would be grateful for any advice anyone could offer on rights/what to say etc, before we physically visit a store.

Rebeccaanne30

I know it would be hard to prove that the coat was faulty on purchase back in February, but does she not have rights around how long an item should have lasted for? The coat is in immaculate condition, it looks like it has never been worn, the tags are still in it. Even if they said the coat might not have been faulty purchase, is there an argument that even if the fault developed after purchase then the item should have lasted longer before developing any defects?

elsien

Your rights for faulty goods being repaired/replaced under the Consumer Rights Act 2015 only apply for the first 6 months. After that the onus is on you to you to prove that the item was inherently faulty and not damaged due to misuse or wear and tear. That may be why they're saying take it instore, so they can assess the zip for themselves.

How did your mother pay for the coat? If by cash, just get her to send you the receipt then take it in yourself.
Ignore the RRP, it's meaningless. Consider how much she actually paid and whether it's worth the hassle. It may be cheaper just to get a new zip put in.

McKneff

So if bought in February, why not worn in February or even tried on....
You would have noticed the condition then

I think you are on a hiding to nothing....

born_again

Try putting some Vaseline on the teeth of the zip. Works to help them lubricate. Which is often a problem with zips not used.

Rebeccaanne30

It was tried on in February, the zip does fasten up but it doesn't stay fastened, the teeth start to come undone from midway up so then you have to try to get the zip down again. This wasn't evident when it was simply tried on for size for one minute, but as soon my son stared to move around in the coat last week, this became apparent. It wasn't worn in February because it was a bit long in the arms (you know kids sizes, they range between x and x height). Ultimately there is no suspicious circumstances, it simply wasn't used at time of purchase, but I didn't think that would mean we are devoid of any rights, but I'm probably wrong.

Fosterdog

How was the coat stored from February until now? I've had this happen with a coat of mine that was folded up and packed away, it was fine before being packed away but after the zip being "folded" (actually more curved around) for almost a year and the same thing happened to the zip because they are not designed to be folded for an extended length of time. Lesson learnt to alway hang zipped coats in a wardrobe or if they need to be folded do it length ways and not along the zip.

LilElvis

McKneff wrote: »

So if bought in February, why not worn in February or even tried on....
You would have noticed the condition then

I think you are on a hiding to nothing....

I bought my daughter's winter coat about a year ago with a 40% discount from Boden - hasn't been worn yet. I already have most of next summer's wardrobe in drawers with tags still attached. Money saving Mums buy in advance when they get a good deal. I do check for defects though before stashing them in the drawer. I'll be placing a Boden order tomorrow as I've got a free £10 voucher, a code for free delivery and returns and another code for 25% off - maybe next winter's coat.