rights under sales of goods Act

[Pingman777]

hello

I bought a cycling jacket 26 months ago and the warranty period is 24 months. Extra context. I ordered the jacket online but was unsure about the sizing, so I Ordered a smaller size jacket and went into the shop 2 months later to try the smaller size. i then decided to keep the larger one. the shop is claiming as i order the jacket 26 months ago , i am out of warranty but i only accepted the jacket once i knew it was the right size and this decision was within the warranty period

on to the Jacket - the Jacket has 2 zip setup and the zip has failed and i cannot undo the zip so had to pull the jacket over my head and take it to the shop

as the shop is playing the out of warranty card, i have stated the jacket is not fit for purpose and used the durability card. The shop is saying i have to prove its not fit for purpose. How do I go about proving this . they have the jacket and its clear the zip is faulty. ?

i took the below from the which site


One aspect of a product being of satisfactory quality is durability, in other words how long it lasts.

Durability takes into account many different factors like product type, brand reputation, price point and how it is advertised. For example you're unlikely to be able to claim a cheap kettle that's stopped working after four years isn't durable. Whereas a more premium and expensive kettle that's been well looked after and has stopped working after 14 months could be considered to not be durable, and therefore not of satisfactory quality

[Pingman777]

just to add the jacket was £500 , so not cheap !

[des8]

So the jacket is unsatisfactory due to its lack of durability (Consumer Rights Act 2015 sec9 (3) (e) )(CRA2-015)https://www.legislation.gov.uk/ukpga...ntents/enacted

presumably you realise that having had 2 years use you are not in line for a full refund, so what are you looking for price reduction by way of a refund or a repair?

When you have worked out what you want and may be entitled to (Check terms of CRA 2015 & explanatory notes https://www.legislation.gov.uk/ukpga...tes?view=plain) then take appropriate action.
First write to shop owners about complaint and what you expect..
You can include reference to the CRA 2015, and tell them you will initiate a court claim if necessary.

Take it step by step and see what they offer

[atticus]

The rights under the Consumer Rights Act 2015 to reject or replacement or repair all run from the date of delivery of the goods, notthedate of order.

You should ask to see the detailed warranty terms: from what date does the 2 year warranty period run?

[Pingman777]

thank you DES8 & ATTICUS for your feedback