Denied a refund, is this fair?

wannabecyclist

I will try and work out how to upload pictures to here, for now I will explain. I brought this jacket a couple of months ago:-

http://www.wiggle.co.uk/northwave-breez ... 5360571858

I went for the transparent option. I have honestly only worn it on 2 commutes, so 20 miles in total in dry conditions. Having sweated a little on these commutes the sweat has left a black stain in patches around the top. It literally is covered in light black sweat marks after 2 uses. I emailed Wiggle and they said it is not a manufacturing fault so I can't return in. Is that fair? I can understand if it was covered in mud etc, but this is stained every time I sweat and doesn't wash out. Surely a cycle jacket shouldn't stain like this? If I have to keep it imagine what it will look like after a few more rides. I used to like Wiggle and spend about 1k a year on tools, parts, running gear etc but I have gone off them totally after this.

Slo Mo Jones

You've just bought a crap product. I think you need to complain to North Wave. Wiggle have sold you a product as described.

What possessed you to go for the transparent? You choose the transparent one, then complain that it stains? No sh!t

wannabecyclist

I said I don't mind if it is stained by mud, sweat shouldn't stain it though. I have plenty of clear tops that do not suffer from this. I don't really want to wear a black jacket on a cool day. How have Wiggle sold it as described if it stains on its primary purpose of being used for sport?

tonye_n

Seems from your two posts above, that you have already made up your mind that it's 'unfair' of wiggle not to offer a refund in theses circumstances.

No opinion here will do, unless it supports the view that wiggle should refund.

Transparent or white cycling tops are likely to become discoloured and/or stained, even after one ride.
That is not necessarily a manufacturing defect, and wiggle are unlikely to be able to obtain a refund from the manufacturer.

Hence wiggle are in turn unlikely to offer you a refund.

Monty Dog

Are the black stains not from the dye leeching from the clothes underneath?

chris_bass

i'd be more worried about what was coming out of me as sweat if it was dying something black!!

MattC59

I blame wiggle....... And the dye leeching out of the clothes worn underneath.

Phil Fouracre

Blimey! Black sweat, whatever next? Green blood. Hardly think you can blame the top, as it's obviously dye leaching from other clothes. How is it a 'crap product'?

wannabecyclist

It isn't dye leeching

darkhairedlord

mold from bacteria in the sweat?
did you wash it after use or leave it in the cupboard for two months?

Bobbinogs

I have never had a light coloured top go black with sweat!! I just don't see how that is possible, but that doesn't mean I think it is impossible.

What colour top were you wearing underneath and, as per the post above, did you wash the garment immediately after use to prevent bacteria growth?

sloppyschleckonds

Slo Mo Jones wrote:

What possessed you to go for the transparent? You choose the transparent one, then complain that it stains? No sh!t

Come on, tell us what you really think.

nweststeyn

This thread seems awfully familiar... Almost to the point of it being a potential spoof?

KonkyWonky

Slo Mo Jones wrote:

You've just bought a crap product. I think you need to complain to North Wave. Wiggle have sold you a product as described.

What possessed you to go for the transparent? You choose the transparent one, then complain that it stains? No sh!t

Not true, the ops contract is with Wiggle and as such it is them that are responsible for dealing with any enquiries regarding the purchase. If they choose to refund or replace they will then have to take the case up with North Wave themselves.

It will be up to the op to prove that the item is not fit for purpose.

Anonymous

I can understand you getting upset with wiggle as they are the ones refusing your request, but I would not cut my nose off and boycott them.

If you feel its the product then contact Northwave next to see what they say about it.
If you then think their product is sh1t and are unhappy with their response then boycott Northwave.

There are plenty of options to buying Northwave, but theres only one wiggle :P

Guessing you find wiggle easy to shop with but just do what I did when they pi55ed me off.
Make the effort to buy elsewhere if its the same price or cheaper and only buy from them if its a good deal or your anger subsides and you give in to the ease and Haribo.

CYCLESPORT1

I am one the side of Wiggle on this one, as you have used it and it is fit for purpose, but have a word with Northwave.

chris_bass

do you have pics of the black sweat marks?

I can't get my head around how a completely clear top could go black from sweat unless your sweat was black?

rolf_f

How have you washed the jacket - eg washing up liquid, vanish etc rubbed thoroughly into the stains and then washed cool and then repeat the process and rewash or did you just whack it in at a high temp and bake the stains in?

DavidJB

Are you in fact the tin man and have been leaking oil?

thefd

Bobbinogs wrote:

I just don't see how that is possible, but that doesn't mean I think it is impossible.

I love this quote

de_sisti

To the OP; the jacket is going to keep you dry. You're not in a fashion contest. Stop your complaint (no matter how
legitimate you think it is, as the jacket will keep you dry) and ride your bike more. Spring is here and it'll be summer
before you know it.

ilovegrace

I never bother with the shop i bought an item from
Over the past year i have had a couple of issues with Sealskin and Endura .
I sent the gear back direct and received an alternative product (no cash refund) and i have to say the customer service and timely response was first class , I would have no hesitation in dealing with both companies in the future.
Explain what the problem is and send direct to Northwave, as i say most companies want you to be happy with their product and will generally do their best to ensure you are a satisfied customer.

Druidor

Sticky one but Wiggles have the upper hand here, goods sold as per description of satisfactory quality?

its your usage that have caused the damage and as such are then exempt from the sale of goods act. BUT you could claim that the product is not of satisfactory quality for the purpose it is designed for.

What if there is a problem with the product?

If there is a physical fault with the item of clothing or shoes when you buy them then you have a right in UK consumer law to have the item repaired, replaced, refunded or to have a discount applied.

Often faults do not appear immediately, but you have the right to expect that an item of clothing or pair of shoes should not fall apart after wearing them on a few occasions. Such items are likely to be deemed to be of unsatisfactory quality, and again you are entitled to a repair, replacement, refund or discount.

pilot_pete

The OPs contract is with the retailer, not the manufacturer. It all depends on what has caused the discolouration. If normal use and washing per the instructions has left dark marks then the item may well not be fit for purpose as it should not discolour without good reason (such as leaching from an under layer) in just two uses.

However, it all comes down to what has caused the discolouration. The OP needs to ascertain this and if the item has discoloured through no fault of his then he may well be entitled to a refund on quality grounds. If it is due to wear and tear, such as road dirt that has ingrained then he will probably not be able to claim. Distance selling regulations apply with internet sales as well as the Sale of Goods act and do tend to favour the purchaser. All depends on the cause and how far you are willing to push it.

I pushed Wiggle to the threat of court action before I got a satisfactory result in a clear cut warranty claim where they dragged their feet for a couple of months. The main thing is to know your rights, specify on what grounds you are claiming, tell them exactly what they have to do to put the situation right and give them a timescale which you believe is reasonable in which they should sort it. Remember, be reasonable throughout and keep all correspondence, especially if you find they contain 'factual innaccuracies', which can often be the case (the fob off by several individuals until they realise you are serious!).

PP

ilovegrace

We are talking about a £41 jacket here probably worth a tenner or so to the manufacturer, we do not need to go down the consumer law ,solicitor, barrister,crown court 25 years life in prison route.
Wrap it and pack it, send a polite covering letter and if you choose something else in their range at a comparable price I guarantee you will get a replacement.
regards
ILG

pilot_pete

ilovegrace wrote:

We are talking about a £41 jacket here probably worth a tenner or so to the manufacturer, we do not need to go down the consumer law ,solicitor, barrister,crown court 25 years life in prison route.
Wrap it and pack it, send a polite covering letter and if you choose something else in their range at a comparable price I guarantee you will get a replacement.
regards
ILG

Apart from the fact that he has been denied a refund and presumably they have said it is not their fault. He needs to know his rights and push them as they are trying to fob him off at present...

PP

nweststeyn

I still don't understand what Northwave could possibly have made a transparent jacket out of that would turn black by itself?

Colinthecop

Pilot Pete wrote:

Apart from the fact that he has been denied a refund and presumably they have said it is not their fault. He needs to know his rights and push them as they are trying to fob him off at present...

PP

Maybe the OP has better things to do with his life than spend a couple of months fighting Wiggle. :roll:

tootsie323

Colinthecop wrote:

Pilot Pete wrote:

Apart from the fact that he has been denied a refund and presumably they have said it is not their fault. He needs to know his rights and push them as they are trying to fob him off at present...
PP

Maybe the OP has better things to do with his life than spend a couple of months fighting Wiggle. :roll:

That sounds a little like he is dealing with a physical tic condition.