Refund rights

[Mistyglade]

What rights does the consumer have if an item of clothing is defected and unusable? I bought a coat and it had a broken zip so I sent it back. The company has insisted it wasn’t broken and they’ve fixed it and wish to return it to me. I don’t want it back as it was faulty and I’m not confident it’ll last. They are point blank refusing a refund as a bit of makeup is apparently on the collar and they’re insisting I have it back. Do I have any rights to a legal challenge mild threat? It was very expensive, Jack Wolfskin

If it's more than 30 days the company have the right to offer a repair or replacement, rather than a refund. Looks like they've decided on a repair in this case. How long before you returned it?

However, if it was faulty when received and it's less than 30 days when you returned it, then you have the right to a full refund, not just a repair or replacement.
The seller must prove the item wasn’t faulty at the time of sale if they want to refuse your claim.

Look up the UK Consumer Rights Act, quote it when communicating with them.

I would say under the distance selling act you are entitled to a refund as couldn’t see the item in person, but now you’ve mentioned the make up I don’t think you’d be entitled to one. Returns need to be in a saleable as new condition. It would have said this in the terms and conditions.
you could always try taking back to a Jack wolf skin shop if there’s one near you, if they do send it back.

They said it wasn't broken but they still fixed it, so it obviously was broken then.

I'm confused - how could they fix it if it wasn't broken?

I presumed they meant it wasn't broken when sold to OP; and when op wore it she broke the zip (& got makeup on the collar).
If it's a good quality coat surely the zip shouldn't break too easily.

How long have you had the coat?

Exactly, contradicted themselves, in writing as well.

I bought it in July getting uncharacteristically organised for autumn and didn't properly put it on zipped up until September, obvs way out of any 30day period.

Indeed! I think past 30 days you're unfortunately out of the full refund period - I'd probably just sell it on.

I think you're going to struggle getting a refund - you've had it nearly four months and they have no way of knowing you haven't worn it and broken it in that time.

Maybe ask for a refund to a gift card/store credit?

I purchased an expensive Jack Wolfskin jacket that advertised itself as waterproof. Having had it a few months I can assure you it wasn’t.
I did just suck it up and not buy from them again though. I’m not sure there’s much you can do if they have repaired it free of charge and you were outside the 30 days…? Was it a credit card purchase? Do a charge back through the card company and let them keep it?

Agree 💯
You've had the coat for 4 months, in their view it's dirty and damaged... I think a free repair is as good as you'll get.

You’re complaining because the item is faulty and therefore you’re entitled to a full refund.

Consumer Rights Act 2015.

Do not accept a repair and the 30 day limit quoted previously is irrelevant as you’ve not simply changed your mind. The item was sold in a damaged condition.

Thanks all. Paid by debit card. I’ve resigned myself to losing the toss. Bloody thing came up small as well, wish I’d sent it straight back. May leave an uncomplimentary review as their email correspondent has been really snooty.

Get it back and sell on vinted or eBay.

Does it not fit also?

@Flakey99 yes, thats pretty much what I wrote in my last email after checking online. I just wasn’t sure hence asking on here. Thank you.

It fits but only with a thin top on underneath and I wanted it for winter. It’s medium and I’m a small 12. Probs stick it on Vinted yes.

Where is the proof that it was sold in a damaged condition?

OP bought the coat four months ago and it’s stained with make-up. For all the company know, she wore it on holiday, broke it and is trying it on for a refund.

That’s not quite right. In the first 30 days, the burden of proof is on the consumer to show the goods are faulty to justify a return and refund under the CRA, not the seller.

She’d done one 5 minute school run in it. It was still box fresh and if it did have make up on it must’ve been minuscule because I couldn’t see it.

This.

Don’t give up as easily as people are telling you.

If the item is defective, it doesn't matter that you bought it 4 months ago.

My point is that after owning it for four months, the shop isn’t going to believe that.

I’m playing Devil’s advocate here - but as OP has owned the jacket since July, the shop are going to argue that she’s had several months use out of it, has stained and broken it and is now hoping for a refund.

If she’s opened it, worn it and returned it within a week with a broken zip, she’d probably get somewhere, but as it is, there’s no actual evidence it was defective or that it arrived damaged.

Yes, it was pretty clear it had barely been worn by looking at it but I get your point.