Saturday, October 24, 2009

Faulty goods, why wont they refund me!?

I bought a Bikini for my holidays from House of Frazer, it cost me 拢52 but i really liked it, i have now returned from my holidays, been swimming in the pool and the sea just like you do on your hols. Now my bikini has lost its elastic and gone baggy, i tried to return it to the store with the receipt, and they have told me its because its been in salt and clorine water, whats a bikini for, i would have hoped that one of it quality would have lasted longer than two weeks, what can i do about it as they refused me a refund or exchange, i also rang Freya and they was not intrested
Answers:
Even items that cannot be returned once hygeine strip has been taken out of underwear still have a guarantee-thats why sum stuff say excluded from 16day money back guarantee and then THIS DOES NOT AFFECT YOUR STATATUORY RIGHTS-meaning you cant return it if youve changed your mind but can if it is faulty.
try taking it to another store-or contact house of fraser head office on 0207 9632000
or oft or trading standards-do that online here
OFT
http://www.oft.gov.uk/
click on contactus at top centre of page to email them or get phone details.
TRADING STANDARDS
http://www.tradingstandards.gov.uk/...
and type ur postcode into box at top right to find your local office
for help on consumer rights visit http://www.consumerdirect.gov.uk/...
and junglejungle you are NOT right.If an item is returned FAULTY the store shouldnt be trying to resell it anyway!
Undergarments and bathing suits are always final sale.
Did you read the label on the suit with regards to the care of the suit?
You are out of luck on this one, generally clothing once worn is yours, especially clothing considered to be undergarments.
try your local trading standards.
I know this may sound stupid but I bought a car recently and i was having thing but problems with it. I was told that if you bought anything then it should last at least 6 months or you could get your money back, just wondered if it was the same for the Bikini.
I would ask them.
would you honestly wanna buy someones seconds.. eww.. i think not.. thats why they don't resell under-crackers (wear)
someone did the same stunt where I used to work.. but bought 1 pair of sandel's 6 months earlier .. trashed them...
bought a new pair.. tried to make out within 2 weeks the 6 month old pair were the ones he'd just bought..
we told him to sling his hook. part of its down to you and how you care for the garments..
拢52 on a bikini?!?! crazy money.. they only told you it was salt and clorine to be polite.. it was errm touching parts of ya body.
I think 拢52 paid for an item of clothing should last longer than two weeks. I would be asking for mymoney back under the Consumer Goods Act thingy and stating that the goods were either not fit for purpose because the elastic had gone and for the price paid you should expect the item to last longer. Clorine and salt water wouldnot cause the bagginess and elastic to go. It would only change the colour or/and texture.
If you purchase an item from a store in the UK it is governed by the Sale of Goods Act 1996. When you make a contract there are "express" and "implied terms". The Sale of Goods act governs implied terms and they cannot be excluded from the contract of sale.
s14 of the Sale of Goods Act governs "quality and fitness for purpose" - it used to known as "mercantable quality". This means that goods should be able to meet the purpose for which they are designed. e.g a kettle should boil water, a cigarette lighter should emit a "reasonable" light. This is an objective test.
Let is now apply this to your Bikini. A bikini is to be used for swimming, beachwear and other such uses. It appears that the use to which your Bikini has been put is reasonable with the product you have purchased. One would assume also that salt and chlorine are chemicals to which a bikini is exposed to. Isn't that rather like saying an iron should not be exposed to clothing or an oven to heat!!
Obviously all products after a while tarnish. Clothes wear, wood rots and alloys corrode. On an objective test the goods clearly do not meet the implied term of s14. Therefore you are entitled to your money back. You can sue House of Fraser for breach of of contract.
You have been informed that items such as bikinis and other intimate clothing are not returnable. THIS IS NONSENSE if the goods are faulty as you are protected by your statutory rights as outlined previously!
Good luck!
Goods that are sold have to be, amongst other things, "fit for the purpose for which they are sold".
So if you buy a toaster, it should be capable of making toast.
Similarly, a bikini should be capable of being worn while swimming (unless there was a big notice on the garment saying otherwise).
Go back to the shop and say, "I require you to fulfil your obligations under the Supply of Goods %26 Services Act and give me a refund". If they refuse, write to the head office, if it's a chain store, and say the same thing. If it's still no go, then sue. And report them to the Trading Standards Dept., who will prosecute. (Actually, mentioning the phrase "Trading Standards" very often does the trick.)
Do it all nicely and politely, remember you're dealing with human beings - if you lose your rag you'll just get their backs up and make it harder.
I say all this assuming that there's nothing you haven't mentioned, like dropping it in a vat of acid, say!

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