What are my rights?

sharpy1

I bought some Endura Humvee 3/4 last week from Evans. When I wore them for the 1st time I noticed there was a little hole on the seam just above the knee that rubbed with every pedal stroke, after a while it started to really irritate my skin. With them being nylon the rough bit will never get softer.

I took them back to Evans today, the guy in there acknowledged there was an issue but then told me it was nothing to do with them, my issue is direct with Endura and they would have to post them back to Endura so that they can be looked at and then Endura can make a decision whether they are faulty, all the while I am £45 down and I have no shorts to show for it!

Is this usually the case? Im not sure. In the past I have bought some Reeboks from JJB and they were faulty, I took them back and they exchanged them without question.

Please advise where I stand.

Cheers

nicklouse

your warrenty is with the retailer, and it is up to them to sort it.

P-Jay

They've mugged you off there. If I recall the term is "not fit for the purpose indended" you can return them for a full refund and it's up to them to duke it out with Endura.

sharpy1

nicklouse wrote:

your warrenty is with the retailer, and it is up to them to sort it.

Thanks Nick

Thats exactly what I thought. I had a screaming baby in the car so I couldnt camp out in there til they sorted it but I bloody will now!

Chaz.Harding

Hmmm..

I'd say you have the right to PARTY!!!

And to remain silent. Alot of stuff actually

If you take it back, they have to either refund you, or replace it (it's consumer rights and illeagle to do otherwise). I think...

dave_hill

Check out the advice on the Government's own consumer advice website, Consumer Direct - linky HERE but note that it states -

"A trader may wish obtain a written opinion from an independent expert to establish whether a returned item is indeed faulty or not, to ensure that the apropriate offer of redress is made to the consumer - it shall however, not be legally binding unless both parties agree to it".

- so in actual fact Evans are right that they can ask another party to ascertain if it's faulty or not before they offer a replacement, refund or repair. That said, in this case Endura isn't an independent party but Evans are acting along the correct lines.

sharpy1

Cheers fellas, thanks Dave for looking into it in such detail (I would never have thought to look on that website).

My thought process is that Evans bought the clothes from Endura in good faith, I then bought from Evans in good faith after they had put on their slice. I would have thought my issue is with Evans, their issue is with Endura.

Stumpy Ade

dave_hill wrote:

Check out the advice on the Government's own consumer advice website, Consumer Direct - linky HERE but note that it states -

"A trader may wish obtain a written opinion from an independent expert to establish whether a returned item is indeed faulty or not, to ensure that the apropriate offer of redress is made to the consumer - it shall however, not be legally binding unless both parties agree to it".
- so in actual fact Evans are right that they can ask another party to ascertain if it's faulty or not before they offer a replacement, refund or repair. That said, in this case Endura isn't an independent party but Evans are acting along the correct lines.

Did you agree to it then ?

sharpy1

Stumpy Ade wrote:

dave_hill wrote:

Check out the advice on the Government's own consumer advice website, Consumer Direct - linky HERE but note that it states -

"A trader may wish obtain a written opinion from an independent expert to establish whether a returned item is indeed faulty or not, to ensure that the apropriate offer of redress is made to the consumer - it shall however, not be legally binding unless both parties agree to it".
- so in actual fact Evans are right that they can ask another party to ascertain if it's faulty or not before they offer a replacement, refund or repair. That said, in this case Endura isn't an independent party but Evans are acting along the correct lines.

Did you agree to it then ?

I think that means both parties have to agree to the offer of redress

BorisSpencer

Don't waste your screaming baby by leaving it in the car.
Obviously I wouldn't condone waiting until said baby has woken up and is hungry before going into the shop.

cjw

Sale of Goods Act Applies -

Relevant or Related Legislation:
Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

Take them a copy of the Act and kick up a fuss in front of as many customers in the shop as possible.

Ohhh and send them an email pointing at this thread

stumpyjon

Take them back, it's down to Evans.

Incidentally Endura stuff is known for dodgy stitching, I had a six panel clickfast liner which came with my first Hummvees come apart on a seam and a pair of Dexter gloves do the same on the first outing. In both case the retailers, Wiggle for the shorts and my LBS for the gloves, swapped them no questions asked. Certainly no cr*p about me having to go back to Endura.

If they don't last one ride they aren't fit for purpose.

sharpy1

CJW thanks mate I will defo take the Sale of Goods Act down and stamp my feet!!!

Thanks Stumpy, Evans have now lost a (potentially good) future customer!! By the way, it was your sig that got me my Zesty. I showed it my missus one night and we had a laugh about it, then a few days later I said to her "I need to ask for forgiveness", she went a bit mental but I think she was half expecting it!

Prowlus

Man this sounds like my Marzocchi problems again with Evans . Me think they are very stubborn on money back refunds. Only reason I use them is that most of their stuff is cheap compared to say "cycle surgery" "on your bike ". Which Evans branch is this out of curiosity?

stumpyjon

sharpy1 wrote:

By the way, it was your sig that got me my Zesty. I showed it my missus one night and we had a laugh about it, then a few days later I said to her "I need to ask for forgiveness", she went a bit mental but I think she was half expecting it!

:oops:

She doesn't know I live locally does she :shock: - if your missus and my missus meet we're both dead.............

sharpy1

stumpyjon wrote:

sharpy1 wrote:

By the way, it was your sig that got me my Zesty. I showed it my missus one night and we had a laugh about it, then a few days later I said to her "I need to ask for forgiveness", she went a bit mental but I think she was half expecting it!

:oops:

She doesn't know I live locally does she :shock: - if your missus and my missus meet we're both dead.............

Maybe they do know each other... how local are you?

fuelex

I think it's down to which evan's branch you go to, little one off fenchurch street changed/refunded me a few times no questions asked (twice with endura gear incidentally)

sharpy1

Prowlus wrote:

Which Evans branch is this out of curiosity?

Its the one at Chill Factor in Manchester.

stumpyjon

sharpy1 wrote:

Maybe they do know each other... how local are you?

Just north of Bacup :roll:

Anonymous

bigchazrocks wrote:

Hmmm..

I'd say you have the right to PARTY!!!

And to remain silent. Alot of stuff actually

thats more like it i would say.

also you have the right to roam.

dave_hill

sheepsteeth wrote:

also you have the right to roam.

But only on foot...