Consumer Law - Anyone?

I have recently taken a pair of waterproof bike boots back to J&S for not being waterproof - Oxtar SS boots. They were over 6 months old, but despite being wet on numerous occasions I never had time to take them back.

Did so three weeks ago and was told they would need to be sent to the suppliers, fair enough, my bad.

So almost three weeks later I still have no bike boots and have not heard anything from J&S. I know I have to give them a reasonable amount of time to fix the issue, but does anyone have a definition of what that reasonable amount should be?

In the meantime I am left with Timberlands for my daily commute.

I'm ready to be corrected, but I was under the impression that if an item was still in it's warranty period it is the sellers responsibility to replace or refund. Sending things back to suppliers is just a get out.

Here are some links

http://www.bbc.co.uk/consumer/guides_to/law_goods.shtml

http://www.berr.gov.uk/consumers/fac...page38311.html

In brief, any goods that do not comply with their advertising can be returned for repair or replacement but depends on the goods, wear and tear etc. No time scales I can see are mentioned but I only glanced through! A courtesy call to J&S for more information on the process wont do any harm - Usually, I act slightly dumb and are over pleasant using the operators name constantly, nothing wrong in asking Where are they, How long, what results could be expected.....and dont forget to praise J&S in some way -

Phoned them and wherever they sent the boots have confirmed they leak......

So I have been offered a like for like replacement, but one pair leaked why will these be any different.

Or for another £80 I can upgrade for the goretex version of the boot.............

I don't want to shell out another £80, I just can't afford it at the moment.

So what should I do?

[G]

Waterproof is waterproof.....they have excepted they are in the wrong, you may have got a faulty batch or one pair with a manufacturing fault.....try a replacement pair and if they let water in your entitled to a refund I think. Or you can just keep getting new boots every few month which isnt a bad thing lol.

One thing is for sure your not having much luck with water at the moment.

G - you have just made me laugh for the first time in what seems like a very long week.

I agree, they leaked from day one I just never got round to it and found the receipt in my drawer which reminded me.

[Spiderman]

Originally Posted by Woz

I'm ready to be corrected, but I was under the impression that if an item was still in it's warranty period it is the sellers responsibility to replace or refund. Sending things back to suppliers is just a get out.

I'll partly correct you here. If the manufacturer says they must first discover why the itme failed (misuse or negligent damage etc) then the retailer cant just be giving his stok away will-nilly.

We here have that problem from time to time and i do feel for customers as some of our suppliers can take upto 4 weeks to get back to us with a result.

A good relationship with the retailer will see them try and help where they can but at the end of the day the customer could well have abused the item and be trying it on and if the manufacturer wont replace it for that reason and the shop has given a replacment its the shop thats ou of pocket.

Either way thi sort of thing is why i will ONLY buy goretex waterproof stuff from now on in. yeh it costs a bit more in the first place but more than pays for itself over time.

They have admitted that there is a fault in the boots and have instructed the shop to replace them with like for like or offer the goretex version instead.

I bought the boots as they were waterproof, so that is what I expected. They weren't though and so am i to expect the like for like pair to be leaky too? If so how are my rights affected if I take them?

£80 for the upgrade is too much right now...........arghhhhh!

Less than 6 months old, its the sellers responsibility to prove that the goods conformed to contract, older than 6 months, your responsibility to prove that they didn't. If you get a replacement and they leak, then that is evidence that the product is inherently defective and you would be entitled to a refund.

Am going to go down there this arvo and have a look. Still not sure what to do.