What are my rights?

Rosh

New Member
May 14, 2011
1
0
0
I bought a pair of jeans in H&M on the 20th August 2011. It is now the 12th May. I have worn these jeans twice and they have split. Not on a seam but the fabric has laddered. They are baggy jeans. I returned them to H&M yesterday with a view to getting an exchange and was told by the manager they could not exchange or refund because it was not a manufacturing fault. I asked whose fault it therefore was and they could/would not give me an answer. I was told that their company policy and training said that exchanges Nd refunds would only be given at a managers discretion.
I am now at a loss as to what to do. In my opinion the only way in which the jeans could have ripped in this way is if there was a flaw in the fabric - but H&M will not accept this. I have even spoken to their Customeer Service department and have been told that exchanges and refunds are given at managers discretion.
I've looked at the Sales and Goods Act which seems to say that if a garment is not fit for purpose within 6 months of purchase the consumer is entitled to a repair, exchange or refund, and that where a fault is found the retailer has to prove that it was not faulty before purchase. Does this apply to my jeans? How can I get the exchange.
Help!
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi,
you're best pursuing satisfactory quality (under the SOGA) as afterall, the jeans are fit for purpose - as their purpose is to wear, and they could be worn...

satisfactory quality would be a better argument if you want to get anywhere... (It's a bit tricky to say that a pair of jeans is not fit for purpose)