Sale of Goods Act - Anybody know what my rights are?

Question

The garment is a Gortex golf top. The purchase price was £160 bought 02/08. It was not worn until the start of the summer for reasons of the colour, (it is predominantly white which I did not want to get muddy). It has not been worn on a regular basis because I have several other jackets that I wear also.

The reason for the problem in the lining is unknown to me. It looks like it is the sort of thing that might happen, (but shouldn't given the quality of the jacket), if I carried my golf clubs and the bag had caused some sort of abrasion but I always use a trolley because of a back problem and in any case the outer shell shows no sign of abrasion or wear in that area.

There's a possibility that it could have been caused by the pull cord toggle that is positioned there, but that would mean that it is definitely a design fault wouldn't it? The company who manufactures the jacket, (Sunderland), give a 2 year guarantee on the Gortex lining which would be affected by the fault.

Answer 1

The most important thing you have to remember is that your "contract" for the sale and purchase of this jacket is with the retailer, the shop from which you bought it and any reimbursement for its "failure" has to be made by them - not the manufacturer. The law requires that any object bought from any retailer must be "fit for purpose" and, as your jacket would appear to be not up to this standard, then your claim has to be against the shop from which you bought it and they cannot wriggle out of their obligation. Assuming you have the receipt - or other proof that you bought it from them - they must refund your money in full.

Answer 2

You don't say how long you have had the jacket.. 'a few months later ' is how long.

For the first six months there is reverse buden of proof on the suitability of the goods in that they are assumed to be inheritently faulty unless the retailer proves otherwise, after six months it is the consumer/ purchasers obligation.

As others say this is the retailers problem, not yours to sort.

What use did you get, if any out of the jacket, reasonable deductions for fair usage can be made in some circumstances, you could also ask the retailer to reduce the cost to an appropriate amount, and various.

The issue here is that the jacket is lost.

Assuming you were within the six months period  'Section48B Repair or replacement of the Goods' of the 'Sale & Supply of Goods to Consumer Regulations 2002' would appear to apply. It says: 'the buyer ( you ) may require the seller- (1)(a) to repair the goods,or (b) to replace the goods' it then goes on to say at (2)  If the buyer requires the seller to repair or replace the goods, the seller must- (a) repair or, as the case may be, replace the goods WITHIN A REASONABLE TIME (Capitals are my emphasis ) but without causing significant inconvenience to the buyer; (b) bear any necessary costs incurred in doing so ( including in particular the cost of any labour, materials or postage ).

There are other points but I'd quote this section to the retailer and say you've been more than fair, and that with immediate effect you want, your call, a new jacket or damages which are equal to the purchase price in full. Since they can not dispute what wear, if any you've had, you seem to hold all the cards. If they don't want to co-operate go to your local trading standards/ consumer protection dept.

Even if it is more than six months, your rights are roughly similar if not quite so clear cut as to the amount you should be able to claim.

Edit: perhaps the troll who gives a thumbs down would like to say why this answer is wrong .. don't shoot the messenger, if you don't have to like the law, just learn it and abide by it  

LLB( Hons )

Edit 2: I take it 02/08 is February which seemed to put you well within the six months when the problem was discovered and where the burden lies with the retailer, not you. Goods have to be 'fit for purpose' for which they are sold and it  is difficult to second guess if your garment was 'fit for purpose'. Not being a golfer I assume an essential selling feature is the lining keeps you dry so even if it was perfectly made but out of tissue paper it would not be fit for the purpose of keeping you dry, any more than a well made sieve would be fit for the purpose of carrying water - if you get my drift.

Since it is apparently less than six months the 'reasonable time' issue does not appear to come into it or have been raised by the retailer - in any event the law does not define a set period: Section 48B (5) says ' Any question as to what is a reasonable time .... is to be determined by reference to- (a) the nature of the goods, and (b) the purpose for which the goods were acquired'. So eg. in the Summer Sale you buy some ski goods and do not use them until the winter time the Court will take that into consideration as they are not expected to wear out just sitting in the garage until you go on your hols.

Answer 3

Your contract lies with the store not the manufacturer. Make sure you have documentation to show that you returned it before the warranty expired, any conversations with the manufacturer, and any conversations with the store.

I would sent a letter via Next Day delivery to the store's manager. In the letter I would provide an overview of the events, what made you return the jacket, and request a refund due to the fact it was within the time for warranty. I would give no more than 21 calendar days for a reply.

If the store refuses to comply with your request and you have not received the jacket I would then file a claim in small claims against the store for the jacket along with a claim for any expenses that you have incurred. In the event you returned your jacket to the store within the warranty time and you were not at fault for the damage to the jacket then it is likely the small claims judge will rule in your favour. However if you caused the damage to the jacket or it was returned outside of the warranty time then it is likely that the judge will rule against you.

Answer 4

Contact Consumer Direct as they should be able to advise you.

http://www.consumerdirect.gov.uk/

Answer 5

Under the the sale of goods act ,you were sold faulty goods. so you returned them, it is up to the shop to sort it out, if they posted the item and it has got lost then it is up to them to make the claim,you can ask for a refund.,do not let them give you gripe,or go to the advise centre

Answer 6

you have had  lot of good advice. ON THIN ICE, if i may say so, has given very comprehensive and correct advice. He/she should be congratulated for such an answer and such a helpful attitude.