Faulty Zip advice please

Sandtree

Alderbank said:

pinkshoes said:

As the zip is clearly faulty, then the shop should either be repairing it, replacing the dress or refunding. 

The gov.uk website Guidance and Support for Business and Self-employed advises retailers:

When you do not have to offer a refund?
You do not have to refund a customer if they knew an item was faulty when they bought it.

That's the position regarding consumer rights.

But the shop insisted it wasnt faulty and so its not been sold as a second with a known defect.

The one thing not mentioned/answered is how the zipper does up when its not on? Does the problem only come when you're wearing it or when its flat on the bed?

As its within 30 days you can reject the goods as faulty and request a full refund but given the scenario it'll certainly raise red flags as many such purchases are one off wears and many do attempt to return after. If you'd be happy with them replacing the zip then that almost certainly will go down better. The issue will also be if it zips fine on the bed but difficult when worn could be an issue of fit rather than a fault with the zip... in which case an alteration rather than replacement zip would be more appropriate but less likely to be covered by the retailer (and how feasible it is will depend on how generous the manufacturer is with their seams)

elsien

You tried it on in the shop the first time with help from the sales assistant.
Surely you can see their scepticism when it suddenly only becomes embarrassing to try it on again for a second time when you’ve already worn it for the event in question? 

littleboo

Alderbank said:

pinkshoes said:

As the zip is clearly faulty, then the shop should either be repairing it, replacing the dress or refunding. 

The gov.uk website Guidance and Support for Business and Self-employed advises retailers:

When you do not have to offer a refund?
You do not have to refund a customer if they knew an item was faulty when they bought it.

That's the position regarding consumer rights.

However the OP hasn't been back to the shop yet. All we can do is say what the legal rights are. The OP was clearly distressed by the dress on what was obviously a very special day. The shopkeeper might well be sympathetic and even feel some responsibility (although the OP certainly knew about the zip) and go well beyond legal rights in offering a generous solution.

I hope the OP tells us what the final outcome is.

But its the exact opposite in this situation. The retailer, who is the expert, said it wasn't faulty. The only question really is if the zip is faulty, in which case the retailer must remedy, or its normal behaviour for a new zip, which will improve with use.

Alderbank

The retailer, who is the expert, said it wasn't faulty.

Faulty is a subjective term and is not defined in legislation. Occasionally case law has developed in specific areas, for example the number of dead pixels on a screen before it becomes faulty, but that is not common.

The OP makes it very clear that the zip stuck in the shop just as it did on the special day, and the sales person actually confirmed this.

If this ever went to court the retailer would not be considered an expert and certainly not an independent expert.

littleboo

You seem to be vastly over complicating this, its a zip not a space shuttle.

You suggested that the OP is somehow responsible because the zip stuck in the shop, but from the OP's account the retailer assured them it was ok and they accepted that assurance, which is reasonable for them to do given their specialism in the subject. A retailer cannot mislead a consumer.

The retailer would presumably have known of the intended use and therefore the importance of the purchase.  

I think we all know and understand what a zip is supposed to do with the help of subject matter experts and it seems from the OP's account that its doesn't do that, despite being told the dress fitted perfectly, so not an issue caused by incorrect fitting

I think most would agree that its reasonable to have a zip in a £500+ dress that's durable enough for the task and will last beyond the first use. It didn't, so the retailer needs to offer a remedy.