Problem with Debenhams product

BoilerBoy

Hi all - first and foremost let me wish everyone a happy new year!

Not sure if this is the right forum to post this in but I have a problem with a pair of Jeans bought for my neice from a franchise chain at Debenhams. They were a christmas present for her from another relative, and they have basically ruined our nearly new sofa after the dye transfered whilst she was sitting on it.

There are also several deep blue marks on our carpet and pretty much everywhere she was sat.

My wife phoned up the store the next day to complain, and ask what they would do for us as our carpet and suite almost certainly requires a professional clean or repair. They put her through to the department of the franchise. The assistant and supervisor didn't want to know, and gave her the franchise head office number. They also didn't want to know, and tried to refer her back to the store. When she said she had already spoken with them, she was given a mobile number for a duty manager of Debenhams for the area.

Whilst the duty manager was very amiable and apologetic, she said that she could only guarantee a refund and not necessarily anything towards having the carpet/sofa professionally cleaned. She said that one of us has to take the item back to the store in person, and speak to one of the store managers. The reason she was reluctant to offer anything conciliatory was that the item may have had a tag stating that the garment should have been washed prior to wearing. There was no such instruction on the washing instructions label of the jeans, and all tags had been removed prior to my neice receiving them as they were a gift.

Basically, I'm wondering what my rights are before I make the 40-mile round trip to no doubt fall out with one of the store managers. My argument is that if the jeans were to be washed prior to wearing, this should be on the washing instructions and not on an additional tag. :huh: Also - I don't think I've ever washed an item prior to wearing it and I wouldn't ever expect to! I have the receipt and the jeans to hand, but no idea if there were any additional instructions (the person who bought them cannot remember and has thrown the price tags away).

All I want for Christmas is a clean sofa and carpet!!

pinkfluffybabe

Does the washing label say anything on it about possible colour transfer to light materials? The last couple of pairs of jeans I have bought said that on so I was careful not to sit on our (cream) sofa with them on, although the colour did transfer onto my pink belt.

I think that the 'washing before wear' thing is a lot of nonsense, the only place I've ever seen this is towels.

If it doesn't say anything about colour transfer then you have more of a case I would say. If you are going to have to go to Debenhams, go to the shopfloor and find the same pair and check the removable labels before approaching the store manager.

Probably the only way to solve it is to go in person and speak to them. Good luck.

BoilerBoy

All it says is:

"Wash as Cotton Cycle
Turn inside out before washing
Wash with similar colours
Warm Iron
Cool Tumble Dry."

All fairly standard stuff I'd say. Nothing about transfer.

dmg24

I have had several pairs of jeans from Dorothy Perkins, that have stated that the colour may run on to light items. This was stated on a tag attached to the item.

TBH I don't understand why you didn't read the tags before removing them. If such a tag was attached, then the retailer has fulfilled their obligations in warning you of such a risk.

pinkfluffybabe

dmg24 wrote: »

I have had several pairs of jeans from Dorothy Perkins, that have stated that the colour may run on to light items. This was stated on a tag attached to the item.

TBH I don't understand why you didn't read the tags before removing them. If such a tag was attached, then the retailer has fulfilled their obligations in warning you of such a risk.

But it wasn't them who removed the tags, it was the relative who bought them as a gift. They are involved because their sofa and carpet have been stained by the jeans.

dmg24

pinkfluffybabe wrote: »

But it wasn't them who removed the tags, it was the relative who bought them as a gift. They are involved because their sofa and carpet have been stained by the jeans.

The contract is between the retailer and the person who bought the item (presumably the same person that removed the tags). The retailer has no liability to a third party.

pinkfluffybabe

dmg24 wrote: »

The contract is between the retailer and the person who bought the item (presumably the same person that removed the tags). The retailer has no liability to a third party.

So then the person who bought the item and removed the tags is responsible for the OPs furniture? Genuine question btw, not being sarcastic :A

BoilerBoy

dmg24 wrote: »

I have had several pairs of jeans from Dorothy Perkins, that have stated that the colour may run on to light items. This was stated on a tag attached to the item.

TBH I don't understand why you didn't read the tags before removing them. If such a tag was attached, then the retailer has fulfilled their obligations in warning you of such a risk.

As pinkfluffybabe says, I didn't purchase the item so I never read the tags.

By the way PFB, ta for your help

dmg24

pinkfluffybabe wrote: »

So then the person who bought the item and removed the tags is responsible for the OPs furniture? Genuine question btw, not being sarcastic :A

Difficult one, as it was given as a gift, and therefore no consideration was passed. I'm not honestly sure, but I would say no, or at least not under contract law.

I would say that the question goes outside the area of contract law, and is possibly more in tort/ negligence. Negligence is a strong word, and I don't mean it in a judgmental way, but it could be argued that the person who gave the gift was negligent in not passing on important information with the item (like giving someone a tv without a manual)?

I'm still not sure why the person who gave the gift removed all the tags. What would have happened had the item not fit the recipient? They would have been unable to take them back without the tags being attached.

exel1966

DMG, as usual you are right ! The contract is between the retailer and the purchaser, not the recipient.
This is covered in the Sales of Goods Act.

Tricky situation this one as I would expect the jeans to have a label mentioning the transfer of dyes. TBH I think you're going to have great difficulty in getting the retailer to pay for the cleaning, however that doesn't mean that you shouldn't try. I'd start by making it more official by putting it in writing and perhaps enclosing close-up photographic evidence of the damage done.

Iamthesmartestmanalive

The recipient would have to claim against the supplier of the present if it was deemed they had breached a duty of care

For example removing safety notices/warnings

This person could then in turn claim for there damages against debenhams if again debenhams breached any act

Personally I dont think they have, jeans do this by design, every pair i have purchased has had this warning

Tbh I think you need to accept your getting nowere