My waterproof coat leaks

[Kuler]

Just over three months ago my wife bought me a Arc'teryx Zeta AR waterproof jacket which cost over £300.00.

Over the last few weeks I've noticed that the pockets leak.

I telephoned the shop where it was bought and was told that due to the membrane, the pockets were not waterproof. Despite me saying that my wife would not have bought it if she'd been informed of that, they insisted that they were upfront when selling goods and this would have been mentioned. So it's her word against theirs.

Having looked at the website, it clearly states that the pockets are,

"Two hand pockets with WaterTight™ zippers keep your stuff safe and dry."

Telephoning Arc'teryx Customer Service took me to Spain where the call handler would not accept that the claim was wholly inaccurate.
The only helpful thing she did was to give me the UK Customer Service email address (which is not very apparant).

For £300+ I'd expect a 100% waterproof jacket, especially when it's only been worn a matter of weeks.

I'd be grateful for any comments on where I stand and if I'm entitled to money back.

Thanks

Kuler

[enquirer]

Re: My waterproof coat leaks

If purchased in the UK, it is the seller who is normally liable, rather than the manufacturer (they may issue a separate guarantee, but that is another matter).

As the claim on the website is clear, then you are entitled to a refund. If they were to foolish enough to defend a court claim on the basis that they 'told you it wasn't waterproof, even though it is advertised as being so', they would sink without trace.

If it was paid for by credit card, you might consider hitting back at them through that.

[Kuler]

Re: My waterproof coat leaks

Thanks Golden Retriever for your comments which are really helpful.
Unfortunately a debit card was used.

[Amethyst]

Re: My waterproof coat leaks

Unfortunately a debit card was used.

If it was a Visa Debit card you are still covered and can do a Visa Chargeback. ( http://www.moneysavingexpert.com/sho...ard-chargeback )

The jacket is not fit for purpose so you are covered and the shop you purchased from is responsible. Do you want to return the jacket for a refund or have a replacement if it is just your jacket that seems to be faulty ?

Write to the store (or store's head office if it is a chain) spelling out the issue with the jacket - that it is not satisfactory or as described,(Under SOGA if an item is faulty, it means that it is
• not of satisfactory quality
• not fit for purpose
• does not match the retailer’s description.
If an item you have bought is faulty you may be legally entitled to a refund or a repair or replacement.) detail the issue, include the copy of the description on which you based the purchase, and ask for a full refund - if you get no joy from that then you can take it to your visa debit card issuer under section 75.

[Kuler]

Re: My waterproof coat leaks

Many thanks Amethyst for a really full explanation of my rights. Much appreciated.

Kuler

[CleverClogs]

Re: My waterproof coat leaks

I'd be grateful for any comments on where I stand

Under the shower head when you test your next jacket?

[dianahill03]

Re: My waterproof coat leaks

Just over three months ago my wife bought me a Arc'teryx Zeta AR waterproof jacket which cost over £300.00.

Over the last few weeks I've noticed that the pockets leak.

I telephoned the shop where it was bought and was told that due to the membrane, the pockets were not waterproof. Despite me saying that my wife would not have bought it if she'd been informed of that, they insisted that they were upfront when selling goods and this would have been mentioned. So it's her word against theirs.

Having looked at the website, it clearly states that the pockets are,

"Two hand pockets with WaterTight™ zippers keep your stuff safe and dry."

Telephoning Arc'teryx Customer Service took me to Spain where the call handler would not accept that the claim was wholly inaccurate.
The only helpful thing she did was to give me the UK Customer Service email address (which is not very apparant).

For £300+ I'd expect a 100% waterproof jacket, especially when it's only been worn a matter of weeks.

I'd be grateful for any comments on where I stand and if I'm entitled to money back.

Thanks

Kuler

Seller must take responsibility to replace the same and otherwise , can return your amount paid while you have purchased the same. he can ask his vendor to do with a new piece . Moreover its your right to do so.

[Silent assassin]

Re: My waterproof coat leaks

Hi Kuler

Sorry to hear of your problem but I hope this information points you in the right direction.

Under the Sale of Goods Act certain terms are implied in the contract of sale such as fitness for purpose, title etc. However, I would like to point out a distinction between S14 - Fitness for Purpose and s13 - Description.

I believe that the seller has not breached S14 - Fitness for purpose but perhaps description. Goods much match the description which is applied to them. For example:

• Red, leather football

It must be red, leather and a "football". If the football is blue or green or made of plastic I have breached an implied term relating to description.

If they tell you:

"Two hand pockets with WaterTight™ zippers keep your stuff safe and dry."

Failing to keep your stuff safe and dry will amount to a breach of S13 - Description.

Hope its helps!

Silent Assassin

PS: Yes, you can get your money back plus any costs!