Faulty coat zip

[nothernexposure]

Hi, hoping some more knowledgeable folk around can help me! Bought my son a pretty expensive coat which hes had for about 11 weeks. The zip has fallen apart. 2 of the teeth have come off and half of the pulling thing isnt attached, so the coat is useless. I've contacted the maker who tell me it's a wear and tear problem caused by using force and I need to return this at my cost for their experts to examine it. No mention of what happens after this if they decide it is misuse. I feel a zip that falls apart that quickly means the coat isnt of an acceptable quality. I have mentioned the 2015 sake of goods act but they're still saying I need to return it and its likely to be wear and tear. So, my question is, what are my rights here? Am I entitled to a refund or replacement? Thanks

If it’s due to misuse you will likely get nothing. They are offering to examine it to determine if it is faulty, in which case you are entitled to a repair or replacement, but if it is from rough handling then it’s down to how the zip has been pulled.
What does their refund policy say?

www.goodhousekeeping.com/uk/consumer-advice/money/a531899/consumer-rights-refunds/
If it’s broken or faulty
Whether you buy an item in-store or online, you have the right to return it within 30 days and get all of your money back if it's faulty, not as described or unfit for purpose. This includes digital downloads and items you bought at a reduced price (unless it was discounted because of the fault, e.g. a shirt that's marked down because of a missing button).

Make sure you return the item within 30 days — after this point, the retailer can give you a repair or replacement, but you're not entitled to a refund.

My username isn’t aimed at you btw! DH annoyed me and I needed a new name anyway.

Which retailer did you purchase from? And do you believe it's not fit for purpose or that your son has been a little too forceful?

Thanks @Nothappyunlessyourecomplaining didn't take it personally!
@CharlotteOwlFace I think it's not fit for purpose. Son is 14 and sometimes cackhanded but this is the first coat zip hes broken. He also paid half of the coat cost so had an extra incentive to look after it! I bought it online from Montirex, reviews mainly seemed ok when I checked.

My concern is they seem to have decided its wear and tear from the word go. I sent a couple of pics in which (to my eye) didnt show any other damage to the coat or zip. I've copied part of their email below. I'd rather just get the zip replaced locally than pay to send it there and back if they're not going to help.

We have not received any feedback from customers regarding the teeth falling out of the zip and this would be classed as wear & tear.

Our garment techs have said they are happy to review the coat and physically inspect it, this would mean you returning the coat to us.

How did you pay?

I agree - I wouldn't be happy. I'd expect a coat to last more than a couple of months so I'd be asking exactly how their expert will decide what is wear and tear and what is a fault

After all, wear and tear by it's very name, would indicate something happening over a length of time and I'm not sure that length of time is 11 weeks

Where did you purchase it, your contract is with the retailer not necessarily the manufacturer.

The relevant legislation is the Consumer Rights Act 2015. Not particularly important, but if you refer to the Sale of Goods Act when talking to them, they may think you don't know what you are talking about.

Your rights are against the retailer, not the manufacturer.

As the coat is less than 6 months old, the fault is assumed to have been present when the coat was delivered. If the retailer wants to argue that the fault is due to misuse, they will have to prove it.

The time limit for the short-term right to reject has passed. You are now entitled to a repair or replacement. Note that the retailer chooses which you get, not you. If a repair or replacement fails, you are then entitled to a price reduction, or you can reject the coat and receive a refund.

Thank you @prh47bridge that's really helpful and gives me a bit of confidence to tackle them. I'm contacting the supplier who are also the manufacturers.

Hi, back hoping for some more help! Firm I bought from are adamant that the broken zip is caused by force and not a fault. The only option I'm being given is to send it back for them to examine it, but there doesn't seem much point in doing this as they've determined its us at fault. Do i have any other options legally? Or do I just give up and try to get the zip replaced locally and save myself some hassle. Thanks again.

Yes, you have options legally. Write to them (email will do) pointing out that, under section 19(14) of the Consumer Rights Act 2015, goods which exhibit a fault within 6 months of delivery are taken to have been faulty when delivered. State that, if they want to argue otherwise, it is for them to prove that the zip failed due to misuse. State that, since they have been insistent from the start that the failure was due to misuse, you have no confidence that they would conduct a proper examination. Therefore, unless they are willing to provide a repair or replacement, you want a full refund. Give them 28 days to respond. State that, if they fail to provide a satisfactory response by the deadline, you anticipate starting legal action without further notice.

If they don't respond by the deadline, you will be able to lodge a small claim against them to recover the cost of the coat plus court fees and interest. The only way they would win is if they could convince the court that the damage to the zip was due to misuse.