Consumer Guarantee Act

Hi there,

I am just wanting some advice on the Consumer Guarantee Act with regards to what my rights are.

I bought a pair of denim overalls from a kids clothing store ( not sure that I should name them?) about 8 weeks ago. The first time I put them on Harry everytime I picked him up or he basically moved the domes in the crotch popped open. Now you can imagine how annoying this must be. I tried them on a second time a week or so later thinking maybe I was just being silly ,but same thing. The problem is that there are only 4 domes and they are too flimsy for the heavy denim.

Today I took them back to the store as I wanted a refund or them to be fixed, preferably fixed but figured that as they are probably not NZ made this wouldn't be an option.

I was told by the manager that it is not a 'fault' but a design flaw!!! So they would not help me. So now I have a pair of $30ish overalls that will never be worn. I am really annoyed because as far as I am concerned they are not carrying out the job they are designed to do. If I bought a lawnmower or something that had a design flaw that meant it wouldn't cut grass or whatever surely they would replace/refund it??

Am I entitled to a refund or is the manager correct/ I am really annoyed about this but if I am in the wrong I will let it go.

Any advice very much appreciated, thanks.

Thanks lilfatty that's what I think too. Want to get all the info I can so I can go back and demand a refund. Otherwise I will end up giving in as I HATE conflict!!

They do have to be fit for purpose... if they are not fit for purpose the time frame should not really have an effect.

I would demand a refund (take the information from the website if you have to) and then write to the head office if that doesn't work.

Unfortunately, if they refuse a refund then you don't really have any options. Your comeback is to go to the Disputes Tribunal, but who does that over $30?!? Costs $30 anyway.


Just as an aside - I bought four nighties from JK which shrunk significantly when I washed and dried them according to instructions. I bought them AGES ago, but Jackson was just big enough now for them. I didn't have a receipt but I wrote to JK just to express my disappointment. They are giving me a refund. So, sometimes you have to bypass the silly shop staff and go to the people who can actually help.

Thanks ladies I will do that, will contact head office directly and do my reading on that site. I looked earlier but didn't have time to sort through all the info. Will do that tonight.

I hear you on the Disputes Tribunal after all it is only $30 so not worth pursuing, but even so, that's $30 I could have spent on something that would actually get worn!!

Thanks heaps.

Yeah I always ask for the department manager then the store manager and if all else fails the area manager.

Note - Area Managers usually ALWAYS rectify problems

Usually if you state that you are not happy and that one unhappy customer will tell everyone they can think of that they are unhappy the store will come around.

I agree with everyone.
Bypass the shop staff and go higher.
I worked in retail for many years (in a managerial role) and I couldn't always offer a good enough solution (due to job restrictions - not through lack of diligence).
I hated having unhappy customers.

And, aside from all that - why would this shop KNOWLINGLY stock a product that has "design flaws".

I just found this on their site,

'(Name of company) quality clothing promises to meet the demands of the most active children. Should any item of clothing not measure up to our high standards, simply return it and we will happily replace the item or refund your purchase price.'

So it seems that theyu should replace or refund me. Will get onto it tomorrow when I have time.

Lilfatty - that was the thing I tried them on when I first got them to check size which was fine, took off the tags threw away receipts etc only to find a week or so on that this was the problem.

Thanks for all the helpful comments, I always let things like this go because I hate having to defend myself etc but today I just thought stuff it, this is a crap product and I am not going to waste money on something that will never be worn. So you have all given me the confidence to stand up for myself!

Thanks so much

I'd print out that part from their website as well :)

Yay! Glad to hear it had a positive outcome, as so it should.

I hate being assertive face-to-face - but email sure makes it a lot easier!!!