Faulty Bag - no help from website

[Marie2011]

Brought a bag from a web based company in November last year to give to my daughter as a Christmas present. Last week the zip broke on the bag completely and it is now unsafe for her to carry any personal items in it, leaving it unusable. Contacted the website who have said they are not prepared to give a refund or an exchange as the item was purchased over six months ago. I have asked them to repair the faulty zip and they have refused. This bag was expensive £65, surely you would not expect the zip to break after just seven months - where do I go from here?

[rebel11]

Hi Marie

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Have a read of 10,11 and 12 in my signature.

 

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER-http://www.oft.gov.uk/business-advic...irly/sogahome/

11) SOGA SUMMARYhttp://webarchive.nationalarchives.g...page38311.html

12) WHICH? TEMPLATEShttp://www.which.co.uk/consumer-righ...-of-goods-act/

[perplexity]

The trouble with this could be that you are not the only one to expect that a zip should last for more than seven months. A seller with the same expectation would assume that the damage is accidental, not because of the quality of the item.

 

Is there anything to particularly indicate a fault in the design or manufacture of the zip that is visible now but was not before, apart from the fact that it broke?

Edited July 30, 2011 by perplexity
spelling

[BankFodder]

on the face it seems to me that you are entitled to have the zip replaced at their expense.

The problem is of course it could be that the zip is broken because the bag has been overfilled all the time.

I think you need to find out the cost of the repair. Go to a good repairer and get an estimate for the work. Also, take good photographs of the bag and the zip. You need particularly to be able to show the stitching where the fabric mount of the zip is sewn on to the adjoining leather. Your photographs need to be able to show that there is no evidence of any strain or stretching at the stitching points either on the fabric mount or on the adjoining leather.

If there are signs of stretching then I think you will have a difficult time of it. On the other hand, if there is no sign of stretching then you can start to put together an argument that these it was simply defective in some way.

Ask your repairer to inspect the zip and to see if he can see any signs of damage. You would need a letter from the repairer saying that he has inspected it, how he has inspected it and what he thinks could be the cause of the damage. If he can't find any cause then it is reasonable to assume that there was a defect.

The money that you want to get back from the handbag supplier is the cost of a repair. You need to get a written estimate from the repairer and then send that with your photographs and with the repair is letter to the handbag supplier. Tell them that they have 14 days to carry out their own inspection of the handbag after which you will be getting the repair done yourself and you will then be taking action to recover your expenses.

I'm afraid I don't think that in the circumstances with this kind of item, of this kind of value after this period of time, that you are entitled to a refund or a new replacement.

The supplier of the handbag is wrong to wash their hands of it.

Who is the supplier? And what is the handbag? I think other people should know about this

[perplexity]

What the people should know about is Section 48B(3) of the Sale of Goods Act which is clear enough and speaks for itself:

 

The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

 

(a) impossible, or

 

(b) disproportionate in comparison to the other of those remedies, or

 

© disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

In other words, if the cost to repair is more than the thing is worth, the seller need not be so daft, nor should the buyer.

 

A buyer would then be entitled to a reduced reimbursement instead, a reduction of the purchase price, so long as it is possible to justify the claim. Section 48C covers that.

 

[perplexity]

It should be noted that "repair" means "bring the goods into conformity with the contract".

 

http://www.legislation.gov.uk/ukpga/1979/54/section/61

 

There is no reason not to ask a seller to pay for somebody else to repair the goods, except for Section 48B(3)

 

I would not have been quite so sure to find a professional, willing to repair for less than the second hand value of the bag in question, but if there's a business to recommend that would, it might be helpful to tell us where to find it.

[locutus]

hi. the problem with your bag is that it's already been 7 months, during which you have been using it. and most companies guarantee 1-3 months of returns or refunds. it can't be expensive to take it to a shop and have it fix, as i doubt the company you bought it from will fix it for you. goodluck!

You can have no doubt whatsoever if it was a gift I purchased for someone, the retailer would be held to their responsibilities!

 

The Sale of Goods Act 1979 (as amended) says that goods should be as follows:

• Of satisfactory quality.
  

This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods.

 

Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)

• Fit for the purpose
  

that goods of this type are generally sold. They must also be fit for any specific or particular purpose made known to the seller at the time of the agreement.

 

If a zip breaks on a £65 bag, I think any reasonable person would say that it was not DURABLE. It is the responsibility of the retailer if they want the bag repaired or to give a refund.

[perplexity]

This was already dealt with.

 

Mindful that all of this is hearsay, if you were not the one in possession when it failed, a zip could break because of accidental damage which a supplier is not responsible for, so it falls to the consumer to prove that there was a breach of contract when the goods were delivered. The advice from sparechange is correct and helpful.

 

If all you intend to do is solicit advice in order to ignore what you would rather not be told, do it yourself, if you think you know best.

 

It is not going to get your money back, to pick a fight on a forum.