Sale of goods act - what is right?

kellsum

Move if in wrong place.

I bought my daughters uniform in August but she had only been wearing it for 2 months when the sleeve for the Jacket ripped underarm and the Zip in the tracksuit bottoms broke.

I brought it back to the shop with a complaint and they said that they would have to send it back to the manufacturers at most would only be entitled to the repair! which of course would have been ok but when I received the jacket back they had done the sewing on the outside of the jacket and it looked very amaturish it certainly didn't look like it did when I bought it! Plus they went to charge me €10 for fixing the zip on the bottoms. I tried to explain that obviously the goods were faulty in the first place and that by consumer law I should have been entitled to a new replacement but they insisted that no that is not shop policy.

I asked for the manufacturers details so I could contact them to make my complaint but they wouldn't give to me and said I should contact the school to make my complaint.

What would my legal standing be with the shop, should I bring it to small claims? I am not satisfied with the repair.

Kosseegan

Retailers have to take responsibility for the goods they sell. It is ridiculous that they refuse to tell you who the supplier is.

kellsum

Exactly thats what I thought but they had said that this sort of thing never happens and that they never get returns! but when my daughter was telling her business teacher and he asked the class if any of them had a similiar issue with the uniform, every single girl put up her hand.

I cant believe I am the only parent who has complained or wants to complain to the manufacturer.

Milk & Honey

Is this shop the one specified by the school? There is probably a backhander going to someone in the school. All of the parents should get together and launch Small Claims Court complaints, write to the board of management, demand that the school find out who the manufacturer is, call to the shop simultaneously at the busiest times and keep demanding to speak to managers in front of other customers.

kellsum

It is the only shop where you can get the complete uniform and so they have the monopoly on this, so yes it is specified by the school.
I have handed in my letter of complaint to the school and I'm awaiting feedback from the principle and will repost if I receive anything of interest

Kosseegan

There is definitely something underhand going on. Write to the Director of Consumer Affairs as well. You should also organise all of the parents. Your daughter should stop wearing a uniform to school until this is sorted out.

slimjimmc

kellsum wrote: »

Move if in wrong place.

I bought my daughters uniform in August but she had only been wearing it for 2 months when the sleeve for the Jacket ripped underarm and the Zip in the tracksuit bottoms broke.

I brought it back to the shop with a complaint and they said that they would have to send it back to the manufacturers at most would only be entitled to the repair! which of course would have been ok but when I received the jacket back they had done the sewing on the outside of the jacket and it looked very amaturish it certainly didn't look like it did when I bought it! Plus they went to charge me €10 for fixing the zip on the bottoms. I tried to explain that obviously the goods were faulty in the first place and that by consumer law I should have been entitled to a new replacement but they insisted that no that is not shop policy.

I asked for the manufacturers details so I could contact them to make my complaint but they wouldn't give to me and said I should contact the school to make my complaint.

What would my legal standing be with the shop, should I bring it to small claims? I am not satisfied with the repair.

Your legal entitlement is to a repair or replacement or refund, but neither you nor the retailer get to impose any particular form redress on the other.
You can by all means demand a replacement but the retailer can likewise offer only a repair. It's a process of negotiating a satisfactory deal or else take it to the Small Claims Court for a binding ruling. The SCC like both parties to be reasonable in their dealings with each other.

You may have a case for replacement or refund based on the substandard repair, but not based on any perceived automatic right to replacement.