Clothing repaired but then repair failed - any rights?

Themadcow

https://forums.moneysavingexpert.com/discussion/comment/81888494#Comment_81888494

Nope - being washed at low temperatures, no ironing, no tumble drying. Just peeling off after washes.

born_again

https://forums.moneysavingexpert.com/discussion/comment/81889535#Comment_81889535

Is it washed inside out?

Okell

@Themadcow

Who did you buy the shirt from?

Personally - for a football shirt costing the ludcrous price of £80 - I'd go back to the seller and complain under s9 of the Consumer Rights Act 2015 - "Goods to be of satisfactory quality".

s9(2) says [my bold for emphasis]:

"The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a)any description of the goods,

(b)the price or other consideration for the goods (if relevant), and

(c)all the other relevant circumstances (see subsection (5))."

s9(3) says:

"The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability."

My view is that provided all the relevant care instructions have been followed then a reasonable person would not consider an £80 football shirt that is "deteriorating" after 8 months (having already been repaired or replaced once since purchase) to be of "satisfactory quality" within the meaning of the Consumer Rights Act.

I'd go back to the seller and re-emphasise the above argument - particularly emphasising that you are relying on your rights under the Consumer Rights Act 2015 as outlined above.

Because the shirt has already been repaired or replaced once before, you can reject it for a refund, but because over 6 months have passed since purchase the seller can reduce the refund to reflect your son's use of the shirt.

Others will say that because it's over 6 months you will also need to get independent "expert" evidence that the shirt is not of satisfactory quality. I'm not a lawyer and I'm not giving you legal advice but I'm not convinced you need an independent expert to explain what a "reasonable person" would or would not consider to be satisfactory quality.

Themadcow

https://forums.moneysavingexpert.com/discussion/comment/81890600#Comment_81890600

Thanks. It was the official club shop. I kicked up a bit of a fuss - including quotes from other fans who I asked about similar issues, and they've asked for some more information so maybe they're considering backing down. If they don't then I'll certainly be citing the durability issue. Much appreciated.

Okell

concentrate on the excessive price, the lack of durability considering that price, and that the legal test is what a "reaonable person would consider to be of satisfactory quality"

There's also the issue of if there's nothing wrong with the shirt, why did they repair it the first time?

Good luck. You'll probably get nowhere with them but who knows.

Grumpy_chap

" a reasonable person would not consider an £80 football shirt that is "deteriorating" after 8 months (having already been repaired or replaced once since purchase) to be of "satisfactory quality" within the meaning of the Consumer Rights Act. "

A reasonable person might think that an £80 football shirt would only be purchased for a dedicated player and that shirt faces a very tough time with multiple training sessions plus one match each week with requisite high temperature laundering in-between. In such circumstances, a shirt might only be expected to last one season.

Of course, if the £80 shirt is only worn on a less frequent basis to look cool in the pub, that is a less aggressive life and a longer durability might be expected.

Having said that, I know from my experience that the more expensive branded sports wear can sometimes be designed for fashion and, frankly, wholly unsuitable for the demands of actual exercise.

Reasonable durability can be highly variable.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81892372#Comment_81892372

Our earlier posts crossed.

Is it an excessive price?

If this is a highly technical, moisture-wicking, ventilating sports top, £80 is the going rate / lower-end of the price range.

If this is a cotton t-shirt like you could buy at any market stall, but with the colour theme of the local football club and an iron-on number, then £80 is expensive.

I don't think the OP has indicated which type of top this is.