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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I bought a pair of overreach boots for my horse in the middle

Customer Question

I bought a pair of overreach boots for my horse in the middle of October. The stitching is coming undone on one of them. I have used them only for the purpose for which they are intended. The retailer is sending them back to the manufacteurer will do nothing for me until the manufacteurer agrees that they are faulty. Surely my contract is with the shop and they should offer me a satisfactory solution ? I cannot ride my horse without these protective boots so I either have to borrow a pair,buy another pair or not ride until there is a resolution.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that this was October of 2013 - i.e. just a couple of months ago please?

JACUSTOMER-yy708unv- :

yes October 2013

Joshua :

Many thanks. My apologies for the delay in reverting to you. I shall be available all day today. Finally may I ask whether you purchased them for use in a business (e.g. you use them professionally in a business you run involving horses) or whether you purchased them for private use?

JACUSTOMER-yy708unv- :

They were purchased for my private use. Riding is my hobby.

Joshua :

Thanks

Joshua :

As you will be aware the position here is that you have two differing sets of rights. The first set of rights you have under any warranty from the manufacturer or retailer from whom you purchased the boots which are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous if a warranty exists at all. I will leave this here though because of what follows...

Joshua :

You have a another set of rights by virtue of your contract with the retailer from whom you purchased the boots. This set of rights is much more extensive as terms are implied into your contract by virtue of the Sale of Goods Act that the boots must be of satisfactory quality, fit for purpose purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage.

Joshua :

The Sale of Goods Act gives you the right to insist upon a repair or replacement or a refund at the retailers discretion. He cannot decide to do none of these things and whatever his choice, he must act within a reasonable period of time. If opting for repair or replacement rather than refund you are required to give the dealer reasonable opportunity to repair. There is no specific prescribed number of times that you must must not allow them the opportunity to repair the cutter however if they have failed to repair the same more than two-three times or take an unreasonable time to repair or refuse to repair the same this would usually be held to be satisfactory opportunity to do so and you would be within your rights to request a refund or replacement with a pair of boots of equivalent spec and age less an appropriate amount to compensate you for your use of the boots.

Joshua :

Accordingly, you may consider reverting to the retailer advising reminding of your rights under the Sale and Supply of Goods to Consumers Regulations 2002 which as above provide that during the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage and accordingly unless they can prove that they have been damaged you require a refund or replacement/repair within a reasonable amount of time failing which you will consider claiming a refund through your card or the county court.

Joshua :

14 days ought in normal circumstances to be held to be reasonable enough time.

Joshua :

Is there anything above I can clarify or assist you with any further?