Online clothing purchase - faulty

L123

Hello,

I wonder if you can help me.

I purchased a branded jacket for my husband from a retailer however, within five months it became faulty with threads coming away.

I emailed the retailer and returned it to them at their request. The jacket was then sent to the manufacture to look at and it was agreed the item was faulty.

It took six weeks for them to reply to me to say they would fix the jacket. They then emailed again apologising saying they couldn’t fix it and they don’t have the same jacket in but would offer a discount on a new one.

This would be great if my husband wanted a new jacket but he doesn’t and I’ve asked for a refund to which they’re said they can’t refund outside of six months as their system won’t allow it. I did return the jacket within six months but it took weeks for an outcome.

Do I still have rights to push for a refund? 

Thank you

L123

I have explained I wish to buy the same jacket elsewhere.

Alderbank

L123 said:

Do I still have rights to push for a refund? 

Yes you do.

They can't repair or replace it so they must refund you. Their system is their problem.

L123

I thought that was the case but they are really adamant and being very pushy!

bris

You would be entitled to a refund less 5 months use whatever that may be.

The big retailers just refund the full amount and be done with it but the smaller independent stores may want to partial refund for the use you have had.

Manxman_in_exile

bris said:

You would be entitled to a refund less 5 months use whatever that may be.

The big retailers just refund the full amount and be done with it but the smaller independent stores may want to partial refund for the use you have had.

Wouldn't the retailer have to refund the full amount within the first 6 months?

screech_78

bris said:

You would be entitled to a refund less 5 months use whatever that may be.

The big retailers just refund the full amount and be done with it but the smaller independent stores may want to partial refund for the use you have had.

If it’s within 6 months and they can’t repair or replace, the OP is due a full refund. 

OP, who are the retailer? And is it the retailer who are saying they can’t refund? Or the manufacturer? As your rights are with the retailer.

Of course, getting them to comply with your rights might be another story. 

tightauldgit

L123 said:

I thought that was the case but they are really adamant and being very pushy!

They are adamant but wrong. You're entitled to your refund since the item was faulty within 6 months and they couldn't fix it

Manxman_in_exile

L123 said:

I thought that was the case but they are really adamant and being very pushy!

Then they are wrong.

It's not really spelled out in the legislation, but basically it would be possible to claim against a retailer up to 6 years after you've bought whatever it is.  In the first 6 months after purchase you are entitled* to a full refund.  After 6 months the trader can reduce any refund to reflect the use you've had from whatever it is.

As the trader can neither replace nor repair your husband's jacket and you informed the trader within the first 6 months of the fault, you are entitled to a full refund.  How their carp system deals with it is their problem - not yours.

The relevant legislation is contained (or hidden) here:  Consumer Rights Act 2015 (legislation.gov.uk)


*You are only entitled to a refund if the goods are actually faulty - not if you've damaged them yourself.  Obvious but some people don't understand that...

L123

The retailer is END Clothing. I’m so disappointed as this was a present for my husband. He’s now been without his birthday present for months. I

They keep referring back to this comment on their first email back to me in response to the issue with the jacket. This was before they received the photos etc:

- If the brand does accept the issue as a manufacturing fault, and the order is over 30 days old, only Store Credit or an exchange can be offered as a resolution (providing the brand can't offer a repair/replacement directly).

- Please note that all faulty item queries are dealt with on a case-by-case basis, and although we always aim to support customers with their claim, the preferred outcome may not always be possible. However, we will of course do our best to get this resolved for you!

Surely I am not forced to accept a store credit or other item that we don’t want because of this? The law / legislation surely outweighs this?

Thank you 

tightauldgit

Yes, the law outweighs whatever terms they try to impose on you. They have to refund you (assuming the retailer is in the UK and subject to UK law)